New York Law. This Agreement and all matters or issues collateral thereto shall be governed by the laws of the State of New York, without giving effect to the conflicts of laws principles thereof or to those of any other jurisdiction which, in either case, could cause the application of the laws of any jurisdiction other than the State of New York.
New York Law, Etc. You acknowledge that this Agreement has been executed, in whole or in part, in New York, and your employment duties are primarily performed in New York. Accordingly, you agree that this Agreement and all matters or issues arising out of or relating to your [[Organization A:Organization]] employment shall be governed by the laws of the State of New York applicable to contracts entered into and performed entirely therein.
New Term Loan Facility. On the Effective Date, the Reorganized Debtors shall enter into the New Term Loan A Facility and the New Term Loan B Facility, on the terms set forth in the New Term Loan Agreement Documents. Upon entry of this Confirmation Order, the New Term Loan A Facility and the New Term Loan B Facility (including the transactions contemplated thereby, and all actions to be taken, undertakings to be made, and obligations to be incurred and fees paid by the Debtors or the Reorganized Debtors in connection therewith) shall be deemed approved, to the extent not approved by the Court previously, and the Reorganized Debtors are authorized to execute and deliver those documents necessary or appropriate to obtain the New Term Loan A Facility and the New Term Loan B Facility, including the New Term Loan Agreement Documents, without further notice to or order of the Court, act or action under applicable law, regulation, order, or rule or vote, consent, authorization, or approval of any Person, subject to such modifications acceptable to the Required Consenting Term Lenders and Required Consenting Revolving Lenders and reasonably acceptable to the Supporting Common Interest Holders as the Reorganized Debtors may deem to be necessary to consummate the New Term Loan A Facility and the New Term Loan B Facility. For the avoidance of doubt, all Term Lenders and all Revolving Lenders are deemed to have entered into the New Term Loan Agreement.
"NYSE" or "New York Stock Exchange." If the New York Stock Exchange is no longer the principal exchange on which the stock is listed, then NYSE shall refer to such principal exchange unless otherwise provided by the Disinterested Committee.
NORDEA BANK AB (PUBL), NEW YORK BRANCH as Facility Agent and Security Agent (the "Facility Agent")
REVOLVING CREDIT FACILITY AGREEMENT COÖPERATIEVE RABOBANK U.A., NEW YORK
REVOLVING CREDIT FACILITY AGREEMENT THE BANK OF NEW YORK MELLON, as a Lender,
The Reorganized Debtors shall enter into the New Term Loan A Facility on the Effective Date, on terms set forth in the New Term Loan Agreement Documents. The New Term Loan A Facility shall be a $50 million secured term loan facility comprised of: # an aggregate principal amount of $47,850,000 of first-out term loans; and # a new first lien senior secured letter of credit facility with a commitment of $2.15 million. The terms of the New Term Loan A Facility shall be consistent with the RSA and the documentation for the New Term Loan A Facility shall be included in the Plan Supplement and acceptable to the Debtors and the Required Consenting Revolving Lenders and reasonably acceptable to the Required Consenting Term Lenders and the Supporting Common Interest Holders.
# Self Storage II LLC, a New York limited liability company ("TSS II"), is the owner of the parcel of real property which is operated and used as a one hundred forty-one (141) unit self-storage facility in Millbrook, New York, as more fully described on [Exhibit B-SS]S] (the "New York Self Storage Property).
Facility Fee. The Borrowers shall pay to the Administrative Agent for the account of each Revolving Credit Lender in accordance with its Applicable Percentage, a facility fee (the “Facility Fee”) in Dollars equal to the Applicable Rate times the actual daily amount of the Revolving Credit Facility (or, if the Revolving Credit Facility has terminated, on the Outstanding Amount of all Revolving Credit Loans, Swing Line Loans and L/C Obligations), regardless of usage, subject to adjustment as provided in [Section 2.16]. The Facility Fee shall accrue at all times during the Availability Period (and thereafter so long as any Revolving Credit Loans, Swing Line Loans or L/C Obligations remain outstanding), including at any time during which one or more of the conditions in [Article IV] is not met, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the first such date to occur after the Closing Date, and on the last day of the Availability Period (and, if applicable, thereafter on demand). The Facility Fee shall be calculated quarterly in arrears, and if there is any change in the Applicable Rate during any quarter, the actual daily amount shall be computed and multiplied by the Applicable Rate separately for each period during such quarter that such Applicable Rate was in effect.
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