Examples of Target Opco in a sentence
As of the Closing Date, no Loan Party has incurred any Indebtedness since the Effective Date, except as would have been permitted pursuant to Section 4.04 of Annex I or pursuant to the Existing Target Opco Credit Agreement.
Such Obligor shall not, and shall not permit any Significant Subsidiary to, enter into any transaction with any of its Affiliates (other than, in the case of Target Opco Borrower, any Subsidiary of Target Opco Borrower and in the case of any other Obligor, any Obligor or any Subsidiary of Company) unless such transaction is on terms no less favorable to such Obligor or such Significant Subsidiary than if the transaction had been negotiated in good faith on an arm’s-length basis with a non-Affiliate.
By: Name: Title: Chief Financial Officer Date: , To: Xxxxxx Xxxxxxx Senior Funding, Inc., as Administrative Agent Ladies and Gentlemen: This Target Opco Borrower Request and Assumption Agreement is made and delivered pursuant to Section 2.10 of that certain Senior Unsecured Bridge Credit Agreement, dated as of June 24, 2013 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”), among TECO ENERGY, INC.
Notwithstanding any other provision of this Section 5.12, if Target Opco shall become a party to this Agreement, Target Opco Borrower’s obligations under this Section 5.12 shall not include any losses, claims, damages, and liabilities and expenses, arising from the actions or failure to act by Company or its subsidiaries other than Target Opco Borrower, which shall be the sole responsibility of Company and Holdco Borrower.
The TECO Revolving Facility Agreement shall have been amended, on terms satisfactory to Administrative Agent, to permit the Transactions, including the ongoing existence of liens on the assets of Target Opco as security for the Target Private Placement Notes.
From the date of the Target Opco Borrower Notice and subject to the satisfaction of the requirements set forth in Section 2.10 and Section 3.02 of the Credit Agreement, NMGC shall be a “Borrower” and the “Target Opco Borrower” for all purposes under the Credit Agreement, and NMGC agrees to perform all of the obligations of a Borrower under, and be bound in all respects by the terms of, the Credit Agreement as if it were a signatory party thereto as Borrower.
Any reduction of the Purchase Tranche Commitment below the Purchase Tranche Target Opco Sublimit then in effect shall reduce the Purchase Tranche Target Opco Sublimit by a like amount.
Holdco Borrower, and if applicable, Target Opco Borrower, shall have delivered to Administrative Agent a Notice of Borrowing meeting the requirements of Section 2.1.1.2.
Target Opco shall have provided written notice offering to prepay the Target Private Placement Notes to the holders thereof in accordance with Section 8.3 of the Target Note Purchase Agreement and the amount of Backstop Tranche Loans borrowed shall not exceed the amount required to repay the holders of Target Private Placement Notes accepting such offer in accordance with the Target Note Purchase Agreement (and to pay related interest, fees and expenses).
All capitalized terms used in this Target Opco Borrower Request and Assumption Agreement and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.