Examples of Sponsor Preferred Stock in a sentence
Notwithstanding anything to the contrary in Section 7.07 (d) above, if at any time the Borrower shall have been prohibited from making any dividends or other distributions in respect of the Sponsor Preferred Stock, the Borrower shall be permitted to make such payment in arrears; provided, that at the time of making such payment in arrears, the Borrower is in compliance with the requirements of this Section 7.07 on a pro forma basis after giving effect to such proposed Restricted Payment.
For the further avoidance of doubt, none of the Secured Parties are, or shall be, third party beneficiaries (intended or otherwise) or the Sponsor Preferred Stock Subscription Agreement and/or any documentation in respect of any Sponsor Subordinated Debt.
For the further avoidance of doubt, none of the Secured Parties (in their capacities as such) are, or shall be, third party beneficiaries (intended or otherwise) of the Incremental Liquidity Facility Credit Agreement, the Sponsor Preferred Stock Subscription Agreement and/or any documentation in respect of any Sponsor Subordinated Debt.
Neither Borrower nor Parent will agree to any material amendment to, or waive any of its material rights under any Sponsor Preferred Stock Document after the Restatement Date, in any such case, if such amendment or waiver would reasonably be expected to be materially adverse to the interests of Borrower, Parent or Lenders, without in each case obtaining the prior written consent of Administrative Agent or Requisite Lenders to such amendment or waiver.
The proceeds of the Term Loans, together with the proceeds of the Sponsor Preferred Stock and the Senior Subordinated Notes, are to be used solely for (a) the payment of the Merger Consideration, (b) the payment of fees and expenses payable in connection with the Transactions, (c) the repayment of the Existing Credit Facility, the BFI Credit Facility and commercial paper of BFI and (d) the repayment of severance and termination obligations of BFI in connection with the Merger.