Working Capital Facility Documents definition
Working Capital Facility Documents means the Working Capital Facility, the Working Capital Facility Security Documents, and all agreements governing or relating to any Working Capital Facility Obligations.
Working Capital Facility Documents means the revolving loan and term loan facilities provided by Congress Financial Corporation (its successors and assigns, including, without limitation, any replacement or take out lender; collectively, the "Lender") to the Company and certain of its Subsidiaries and affiliates as set forth in the Loan and Security Agreement, dated as of November 14, 1995, by and among the Lender, the Company and certain Subsidiaries and affiliates of the Company, as amended, together with the other agreements, documents and instruments referred to therein or at any time executed or delivered in connection therewith or related thereto, as the same now exist or may hereafter be amended, modified supplemented, extended, renewed, restated or replaced.
Working Capital Facility Documents means the revolving loan and term loan facilities provided by Congress to the Company and certain of its Subsidiaries and affiliates as set forth in the Loan and Security Agreement, dated November 14, 1995, by and among the Lender, the Company and certain Subsidiaries and affiliates of the Company, as amended, including, without limitation, the Nineteenth Amendment to Loan and Security Agreement, dated as of December 18, 2001 (the "Nineteenth Amendment to Loan Agreement"), together with the other agreements, documents and instruments referred to therein or at any time executed or delivered in connection therewith or related thereto, as the same exist and are in effect, in each case, as of the date hereof; provided, that the aggregate amount of indebtedness outstanding under the Working Capital Facility Documents shall not exceed at any time $15,000,000, with respect to amounts outstanding under any term loan facilities issued pursuant to the Working Capital Facility Documents, and $62,150,000 in the aggregate; provided, that the term Working Capital Facility Documents shall include subsequent amendments, modifications, supplements, restatements and replacements thereto (including, without limitation, with a take out or replacement lender) so long as such amendments, modifications, supplements, restatements or replacements (a) do not include any terms that are less favorable to the holders of the Series C Preferred Stock than the terms related solely to the following provisions of the following Sections of the Nineteenth Amendment and Twenty-Ninth Amendment to the Loan Agreement as in effect on the date hereof: (i) the definitions contained in Section 1 of each of the Nineteenth Amendment and Twenty-Ninth Amendment, (ii) the redemption of the Series C Preferred Stock set forth in Section 2 of the Twenty-Ninth Amendment and the Asset Sales provisions set forth in Section 3 of the Nineteenth Amendment, (iii) the provisions related to the application of proceeds set forth in Section 3 of the Twenty-Ninth Amendment, (iv) the adjustments to the lending formulas set forth in Sections 5, 6, 7 and 8 of the Nineteenth Amendment, (v) the provisions related to the Special Series C Availability Reserve set forth in Section 4 of the Twenty-Ninth Amendment and (vi) Section 8 of the Twenty-Ninth Amendment and (b) do not modify the financial covenants contained in the Working Capital Facility Documents in a manner which would have a material adverse effect on the redemptio...
Examples of Working Capital Facility Documents in a sentence
In the event of any conflict between the provisions of this Agreement and the provisions of any of the Working Capital Facility Documents, any of the Notes Documents or the Pari Passu Indebtedness Documents, the provisions of this Agreement shall govern.
All references to the Company or any Guarantor shall include the Company or such Guarantor as an obligor under the Working Capital Facility Documents, any of the Notes Documents or the Pari Passu Indebtedness Documents, regardless of its capacity as a Company or guarantor thereunder.
Except as otherwise specified in this Section 5.29, Borrower shall deposit all amounts transferred from the Permitted Working Capital Facility Account to the Revenue Account pursuant to the Permitted Working Capital Facility Documents.
Upon any such election, the Company shall, to the extent permitted by and subject to the terms and conditions of the Working Capital Facility Documents, redeem for cash each of such holder's shares for which such an election is made at a redemption price equal to the Liquidation Preference thereof plus the amount of any declared or accrued but unpaid Dividends thereon as of the Change of Control Payment Date.
The Company will deliver to any stockholder of the Company, upon its request, copies of the Working Capital Facility Documents and any other agreements or documents referred to herein, as well as any amendments to the foregoing.
More Definitions of Working Capital Facility Documents
Working Capital Facility Documents means the revolving loan and term loan facilities provided by Congress to the Company and certain of its Subsidiaries and affiliates as set forth in the Amended and Restated Loan and Security Agreement, dated November 14, 1995, as amended, by and among Congress, the Company and certain Subsidiaries and affiliates of the Company, together with the other agreements, documents and instruments referred to therein or at any time executed or delivered in connection therewith or related thereto, as the same exist and are in effect, in each case, as of the date hereof; provided, that the aggregate amount of indebtedness outstanding under the Debt Documents shall not exceed at any time $5,474,000, with respect to amounts outstanding under any term loan facilities issued pursuant to the Debt Documents, and $35,474,000 in the aggregate; provided, that the term Debt Documents shall include subsequent amendments, modifications, supplements, restatements and replacements thereto (including, without limitation, with a take out or replacement lender) so long as such amendments, modifications, supplements, restatements or replacements do not increase the amounts outstanding under term loan facilities or in the aggregate above the amounts set forth above in this paragraph.
Working Capital Facility Documents means the revolving loan and term loan facilities provided by Congress to the Company and certain of its Subsidiaries and affiliates as set forth in the Loan and Security Agreement, dated November 14, 1995, by and among the Lender, the Company and certain Subsidiaries and affiliates of the Company, as amended, including, without limitation, the Nineteenth Amendment to Loan and Security Agreement, dated as of December 18, 2001 (the "Nineteenth Amendment to Loan Agreement"), together with the other agreements, documents and instruments referred to therein or at any time executed or delivered in connection therewith or related thereto, as the same exist and are in effect, in each case, as of the date hereof; provided, that the aggregate amount of indebtedness outstanding under the Working Capital Facility Documents shall not exceed at any time $15,000,000, with respect to amounts outstanding under any term loan facilities issued pursuant to the Working Capital Facility Documents, and $62,150,000 in the aggregate; provided, that the term Working Capital Facility Documents shall include subsequent amendments, modifications, supplements, restatements and replacements thereto (including, without limitation, with a take out or replacement lender) so long as such amendments, modifications, supplements, restatements or replacements do not include any terms that are less favorable to the holders of the Series C Preferred Stock than the terms related solely (a) to the following provisions of the following Sections of the [Nineteenth Amendment] to Loan Agreement as in effect on the date hereof: (i) the definitions contained in Section 1, (ii) the redemption of the Series C Preferred Stock set forth in Section 2 and the Asset Sales provisions set forth in Section 3, (iii) the provisions related to the application of proceeds set forth in Section 4, and (iv) the adjustments to the lending formulas set forth in Sections 5, 6, 7 and 8 and (b) to any other provision of the Loan Agreement as in effect on the date hereof having a similar effect on redemption of the Series C Preferred Stock. [to be updated to current amendment]