Examples of Replacement ABL Facility in a sentence
The UNA ABL Lead Arrangers shall have been afforded a period of not less than 30 consecutive calendar days after completion of a customary confidential information memorandum with respect to the UNA Replacement ABL Facility to market and syndicate the UNA Replacement ABL Facility.
The closing date of the Transactions including the issuance or incurrence of any Securities and/or if applicable, the Bridge Facility (including the Notes Bridge and the Replacement Bridge), and if applicable, the Replacement ABL Facility is referred to herein as the “Closing Date”.
In addition, commitments of the ABL Lenders in respect of the UNA Replacement ABL Facility and the closing and funding thereunder will be subject to the satisfaction of the following additional conditions precedent: (a) Bridge Facilities/Notes.
Notwithstanding the Lead Arrangers’ right to syndicate the Bridge Facility and the Replacement ABL Facility and receive commitments with respect thereto, no Commitment Party will be relieved of all or any portion of their respective commitments hereunder prior to the initial funding under the Bridge Facility and effectiveness of the Replacement ABL Facility (if applicable).
You further agree that each document to be disseminated by the Lead Arrangers to any Lender or potential Lender in connection with the consent solicitation in respect of the Amendments and the syndication of the Bridge Facility or the Replacement ABL Facility, will be identified by you as either (x) containing Private Lender Information or (y) containing solely Public Lender Information.
The Lead Arrangers reserve the right, prior to or after execution of the definitive Credit Documentation, to syndicate all or part of the Commitment Parties’ commitments for the Bridge Facility and the Replacement ABL Facility to one or more financial institutions or institutional lenders.
Substantially concurrently with the initial borrowing under the UNA Replacement ABL Facility, the UNA ABL Lead Arrangers shall have received satisfactory evidence of repayment of all indebtedness and termination of all commitments under the UNA Existing ABL Facility and the discharge (or the making of arrangements for discharge) of all liens thereunder.
All Specified Representations under the applicable Financing Documentation, the Merger Agreement Representations and, in the case of the UNA Existing ABL Facility if same will remain outstanding and not be replaced by the UNA Replacement ABL Facility on the Closing Date, the representations and warranties under the UNA Existing ABL Facility as amended by the ABL Amendment, shall in each case be true and correct.
Solely with respect to the Replacement ABL Facility (if applicable), subject to the Funds Certain Provisions, (i) the ABL Administrative Agent shall have a perfected, first or second, as applicable, priority security interest in the collateral, subject to permitted liens, (ii) all filings, recordations and searches necessary in connection with such liens and security interests shall have been duly made, and (iii) all filings and recording fees and taxes shall have been duly paid.