ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT
Amendment to 2017 Credit Facility
On
The 2017 Amendment, among other things, (a) increases the aggregate amount of
principal available under the 2017 Credit Facility from up to
The other terms of the 2017 Credit Facility are substantially similar to the original terms, including customary covenants which, among other things, include certain restrictions on the Parent and certain of its Subsidiaries' (including PoNY) ability to borrow, to grant liens or other encumbrances, to enter into sale and leaseback transactions and to enter into consolidations, mergers and transfers of all or substantially all of their respective assets.
The lenders under the 2017 Credit Facility, and their respective affiliates, have performed, and may in the future perform for the Parent and PoNY, various commercial banking, investment banking, underwriting, and other financial advisory services, for which they have received, and will continue to receive in the future, customary fees and expenses.
Terms used herein and not otherwise defined have the meanings given to them in the credit agreement which evidences the 2017 Credit Facility. The foregoing description of the terms and conditions of the 2017 Credit Facility do not purport to be complete and are qualified in their entirety by reference to the full text of the 2017 Credit Facility filed as Exhibit 10.1 to this Current Report on Form 8-K, which is incorporated herein by reference.
Amendment to 2019 Credit Facility
On
The 2019 Amendment, among other things, (a) amends the interest rate provisions
under the 2019 Credit Facility to address for the upcoming "phase out" of the
use of LIBOR, and (b) provides that at any time prior to
The other terms of the 2019 Credit Facility are substantially similar to the original terms, including customary covenants which, among other things, include certain restrictions on the Parent and certain of its Subsidiaries' (including PoNY) ability to borrow, to grant liens or other encumbrances, to enter into sale and leaseback transactions and to enter into consolidations, mergers and transfers of all or substantially all of their respective assets.
The lenders under the 2019 Credit Facility, and their respective affiliates, have performed, and may in the future perform for PoNY and the Parent, various commercial banking, investment banking, underwriting, and other financial advisory services, for which they have received, and will continue to receive in the future, customary fees and expenses.
Terms used herein and not otherwise defined have the meanings given to them in the credit agreement which evidences the 2019 Credit Facility. The foregoing description of the terms and conditions of the 2019 Credit Facility do not purport to be complete and are qualified in their entirety by reference to the full text of the 2019 Credit Facility filed as Exhibit 10.2 to this Current Report on Form 8-K, which is incorporated herein by reference.
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ITEM 2.03 CREATION OF A DIRECT FINANCIAL OBLIGATION OR AN OBLIGATION UNDER AN OFF-BALANCE SHEET ARRANGEMENT OF A REGISTRANT
The information set forth above under Item 1.01 is hereby incorporated by reference into this Item 2.03.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
Exhibit Description
Exhibit 10.1 Amendment No. 3 to 2017 Credit Agreement, dated as of September Exhibit 10.2 17, 2021, by and among PoNY, the Parent, the lender parties thereto,
JPMorgan Chase Bank, N.A . as Administrative Agent and others. ? Amendment No. 1 to 2019 Credit Agreement, dated as ofSeptember 17, 2021 , by and among PoNY, the Parent, the lender parties thereto,JPMorgan Chase Bank, N.A . as Administrative Agent and others.
Exhibit 104 The cover page from this Current Report on Form 8-K, formatted in
Inline XBRL
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