Examples of VEBA Note in a sentence
Unless otherwise defined herein, terms defined in the VEBA Note Agreement and used herein shall have the meanings given to them in the VEBA Note Agreement.
Notwithstanding anything to the contrary herein, nothing contained in this Section 6 shall restrict, limit or otherwise prohibit the Borrower or any of its Subsidiaries from complying with any payment obligation or any other affirmative obligation under the VEBA Note Facility.
First, the VEBA argues that “Net Industrial Debt” should not include either the VEBA Note or the CHCT Note.
The Inclusion of the Notes in Net Industrial DebtA primary issue in this litigation is whether Fiat correctly included the VEBA Note with a face value of $4.587 billion and the CHCT Note with a face value of $976 million (collectively, the “Notes”) in the “Net Industrial Debt” of Fiat Parent and Chrysler.65 As previously mentioned, the Call Option Agreement defines “Net Industrial Debt” as “total indebtedness for borrowed money .
Furthermore, for purposes of the pending motions, it would be inappropriate to take into account VEBA’s allegations regarding the tax treatment of the VEBA Note because considering those allegations would require me to rely on factual allegations not contained in the parties’ pleadings.
The VEBA Note Facility shall be in form and substance satisfactory to the Lender and shall have become (or simultaneously with this Agreement, shall become) effective and the Lender shall have received all documents, instruments and related agreements in connection with the VEBA Note Facility.
The VEBA Note Term Sheet is attached hereto as Exhibit I pending agreement on the final form.
The Company shall use the proceeds of the Tranche B Term Loans made on the Closing Date, together with (i) the proceeds of incremental term loans borrowed under the Existing Credit Agreement and additional Senior Second Lien Notes issued under the Senior Second Lien Notes Indenture on the Closing Date and (ii) at the Company’s option, cash on hand, to repay in full all outstanding indebtedness under the VEBA Note and to pay fees and expenses incurred in connection with the transactions contemplated hereby.
To the extent the Company elects to repay a portion of the VEBA Note with cash on hand of the Company and its Subsidiaries, the amount of such cash so applied shall not exceed US$1,000,000,000.
Prior to or substantially contemporaneously with the initial funding of Loans on the Closing Date, the Company and the Subsidiaries shall have repaid in full all principal, premium, if any, interest, fees and other amounts due or outstanding under the VEBA Note or the VEBA Indenture, and the Administrative Agent shall have received evidence satisfactory to it that the VEBA Note shall have been repaid in full.