Examples of Target Facility in a sentence
The Parent shall procure that following the completion of the Mergers and the accession of Target to this Agreement pursuant to Clause 31.2 (Additional Obligors) any amounts outstanding under the Existing Target Facility shall be promptly repaid, cancelled and discharged in full and any guarantees with respect to the Existing Target Facility shall be released.
An alternative dividend (the “ Alternative Dividend”) based on a participation interest formula (“Participation Interest Formula”) in the Target Facility.
On the Effective Date (or concurrent with the funding of the Incremental Term Facility) all third party bank indebtedness of the Target and its Subsidiaries under the Target Facility Agreement (as defined below) shall have been repaid, all commitments thereunder shall have been terminated and all liens and security interests securing such indebtedness shall have been released or terminated.
Upon receipt of such request, the Lead Agent shall use its best efforts, with the assistance of the Borrower, to arrange a syndicate of Banks with Commitments (including the Initial Commitments), aggregating the Target Facility Amount on or before the Syndication Expiration Date.
The Participation Interest Formula shall include any distributions of free cash flow (net income, plus amortization and depreciation, less capital expenditures) received by or benefiting the Company from the Target Facility (“Target Distributions”), as adjusted for short-term loans and advances for operations, on a pari passu basis with all of the contributed capital by the Company into the Target Facility (“Committed Capital”).
Cash distributions resulting from the sale of the Target Facility (“ Sale Distributions”) shall first be credited as return of capital, whereby the Company acquires the holder’s Series D Preferred stock at its stated value and the remaining Distribution is paid as a dividend.
In the event that the Target Facility is sold and the proceeds to each investor is less than the stated value of the total of the investor’s Series D Preferred shares, the shares of Series D Preferred with a stated value in excess of the proceeds shall remain outstanding, but not subject to redemption by way of the Alternative Dividend or the Alternative Conversion.8. Adjustment of Conversion Price upon Subdivision or Combination of Common Stock.
Upon receipt of such request, the Lead Agent shall use commercially reasonable efforts, with the assistance of the Borrower, to arrange a syndicate of Banks with Commitments (including the Initial 109 Commitments), aggregating the Target Facility Amount within sixty (60) days after the Syndication Expiration Date.
In the event that the Target Facility is sold and the proceeds to each investor is less than the stated value of the total of the investor’s Series D Preferred shares, the shares of Series D Preferred with a stated value in excess of the proceeds shall remain outstanding, but not subject to redemption by way of the Alternative Dividend or the Alternative Conversion.
No other Indebtedness has been incurred by the Borrower or its Subsidiaries since October 31, 2004, except for Indebtedness incurred in connection with the Transaction and the Target Facility.