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.
The Issuer and ENXP LLC shall have executed the Term Loan Commitment Letter.
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.
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.
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.
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.
Foothill has agreed to convert the Overadvance made pursuant to the Term Loan Commitment Letter to a term loan (the "Term Loan") to Borrower in the original principal amount of $8,000,000 effective upon the satisfaction of the conditions set forth in the Third Amendment.
Merger Sub has been formed solely for the purpose of engaging in the transactions contemplated hereby and, prior to the Effective Time, will have engaged in no other business activities and will have incurred no liabilities or obligations other than as contemplated herein and in the Term Loan Commitment Letter.
The Borrowers and Foothill hereby acknowledge that (i) the Borrower's have executed and delivered a counterpart of the Term Loan Commitment Letter to Foothill on August 14, 1997, and (ii) Foothill has received such counterpart and has charged the term loan commitment fee specified therein and in Section 2.8(f) of the Agreement, as amended by this Amendment, to Borrower's Loan Account on that date.