Replacement Facility Requirement

Replacement Facility Requirement. Replacement Facility Requirement" means the requirement that (a) the Company shall have entered into a definitive principal agreement to establish an Acceptable Replacement Facility by and among the Company, one or more Subsidiaries and one or more counterparties; (b) the closing of the transactions provided for in such Acceptable Replacement Facility is scheduled to occur on or prior to November 17, 2008, subject to applicable closing conditions, (c) the Administrative Agent shall have... received a certificate of a Financial Officer attaching copies of such definitive principal agreement; and (d) the Company shall have delivered to the Administrative Agent a certificate of a Financial Officer confirming that all conditions to the closing of the transactions provided for in such documentation have been satisfied or are expected to be satisfied on or prior to November 17, 2008, and that to the best of such Financial Officer's knowledge there is no impediment to the closing of such transactions on or prior to November 17, 2008. View More

Replacement Facility Requirement. Replacement Facility Requirement" means the requirement that (a) definitive principal documentation establishing an Acceptable Replacement Facility shall have been fully negotiated by the Company, one or more Subsidiaries and one or more counterparties and shall have been executed by each of such persons and deposited under an escrow or similar arrangement that enables the Company or a Subsidiary, without the consent of any other Person, to cause such documentation to become effective on or... prior to July 16, 2008 (or any later date to which the repurchase date under the World Trade Master Repurchase Agreement shall have been extended as provided in clause (iii) of the final sentence of Article VII, but in any event prior to November 16, 2008), (b) the Administrative Agent shall have received a certificate of a Financial Officer attaching copies of such definitive documentation and (c) the Company shall have delivered to the Administrative Agent a certificate of a Financial Officer confirming that all conditions to the closing of the transactions provided for in such documentation (other than the issuance of a credit rating, if such certificate shall state that such rating is expected to be issued by such closing) have been satisfied or will be satisfied on or prior to July 16, 2008 (or any later date to which the repurchase date under the World Trade Master Repurchase Agreement shall have been extended as provided in clause (iii) of the final sentence of Article VII, but in any event prior to November 16, 2008), and that there is no impediment to the closing of such transactions on or prior to July 16, 2008 (or such later date). View More