Examples of Term Loan Commitment Letter in a sentence
In the event of any inconsistency between this Agreement (excluding the DIP Term Loan Commitment Letter, the Exit Term Loan Commitment Letter, and the Plan) and the DIP Term Loan Commitment Letter, the Exit Term Loan Commitment Letter, or the Plan, the DIP Term Loan Commitment Letter, the Exit Term Loan Commitment Letter, or the Plan shall govern, as applicable.
The DIP Term Loan Commitment Letter, the Exit Term Loan Commitment Letter, and the Plan, along with each of the exhibits attached hereto and any schedules to such exhibits, are expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the DIP Term Loan Commitment Letter, the Exit Term Loan Commitment Letter, and the Plan and all other such exhibits and schedules to such exhibits.
On the same date, Lyondell accepted the commitment, stating, “Thank you very much, we look forward to successfully close [sic.] this financing.”31Thus, irrespective of whether (a) the Memorandum was the offer and Highland’s Commitment Letter constituted acceptance, or (b) the Memorandum was an invitation to offer, Highland’s Commitment Letter was the offer, and Lyondell’s reply email constituted acceptance,32 the alleged contract was the Term Loan Commitment Letter, not the Term Loan Agreement.
The distributions of Cash under the Plan shall be funded from: (a) the Debtors’ Cash on hand as of the Effective Date; and (b) to the extent that the conditions set forth in the New Credit Agreement and New Term Loan Commitment Letter are satisfied or waived, the proceeds of the New Term Loan.
The breach alleged by Highland in the Complaint further demonstrates that the contract between Lyondell and Highland, if one existed, was the Term Loan Commitment Letter and Offering Memorandum, not the Term Loan Agreement.
On the Effective Date, subject to terms and conditions contained in the New Term Loan Commitment Letter, Reorganized TER and the New Term Loan Lenders will enter into the New Credit Agreement and the New First Lien Collateral Documents in accordance with the terms of the Plan without the need for any further corporate or shareholder action.
Lyondell, by and through UBS, failed to exercise its discretion in compliance with the duty of good faith and fair dealing and industry practice, and accordingly breached its contractual obligations.33 The breach asserted by Highland is Lyondell’s alleged breach of the covenant of good faith implied in the Term Loan Commitment Letter, specifically in the portion of the letter that gives Lyondell discretion to make allocations.
Instrument Description New Term LoanOn the Effective Date, subject to the terms and conditions contained in the New Term Loan Commitment Letter, Reorganized TER, as borrower, and those entities identified as “guarantors” in the New Credit Agreement, will enter into the New Term Loan, pursuant to the New Credit Agreement.
Equities: • VAR for a security is computed based on liquidity categorization of securities.
Instrument Description [New Term Loan][On the Effective Date, subject to the terms and conditions contained in the New Term Loan Commitment Letter, Reorganized TER, as borrower, and those entities identified as “guarantors” in the New Credit Agreement, will enter into the New Term Loan, pursuant to the New Credit Agreement.