Examples of Xxxxx Fargo Credit Agreement in a sentence
All of the issued and outstanding shares of common stock of FinanceCo have been duly authorized and are validly issued, fully paid and non-assessable, and are owned directly or indirectly by the Company, free and clear of all liens, encumbrances or claims except (A) as provided in the Xxxxx Fargo Credit Agreement and (B) as described in the General Disclosure Package and the Final Offering Circular.
On terms that are acceptable to it, Buyer shall have entered into the Xxxxx Fargo Credit Agreement in order to provide sufficient funds to consummate the transactions contemplated by this Agreement (and to pay any related transaction costs), and to provide Buyer with working capital in an amount reasonably satisfactory to Buyer.
Subject to the consummation of the transactions contemplated by the Xxxxx Fargo Credit Agreement, Buyer and Merger Sub will have as of the Closing and the Effective Time, sufficient cash (or the ability to draw funds down under any then-existing credit facilities) to pay any and all amounts to be paid by Buyer or Merger Sub at the Closing on the terms and conditions contained in this Agreement, and there is no restriction on the use of such cash for such purpose.
Contemporaneously with the closing hereof, Borrower shall have paid in full all indebtedness of Borrower arising under the Xxxxx Fargo Credit Agreement (other than with respect to the Existing Letters of Credit) and shall have delivered to Bank evidence, in a form satisfactory to Bank, of the termination of all security interests and other liens and encumbrances of Xxxxx Fargo HSBC Trade Bank, N.A., as Administrative Agent, upon the assets of Borrower and any Loan Party.
The proceeds of Revolving Loans shall be used to (a) refinance the indebtedness outstanding under the Xxxxx Fargo Credit Agreement, (b) finance working capital needs of Borrower, and (c) and for the purpose of making advances to Xxxxxxx Canada under (and not to exceed, in aggregate amount outstanding, the face amount of) the Intercompany Note, for the purpose of financing the working capital needs of Xxxxxxx Canada.