Second Incremental Amendment Effective Date has the meaning assigned thereto in the Second Incremental Term A Facility Amendment.
Second Incremental Amendment Effective Date means March 10, 2017.”
Second Incremental Amendment Effective Date means the date on which the conditions specified in Section 4.01 of the Second Incremental Amendment are satisfied (or waived).
Examples of Second Incremental Amendment Effective Date in a sentence
All references to the Credit Agreement in any document, instrument, agreement, or writing shall from and after the Second Incremental Amendment Effective Date be deemed to refer to the Amended Credit Agreement, and, as used in the Amended Credit Agreement, the terms “Agreement,” “herein,” “hereafter,” “hereunder,” “hereto” and words of similar import shall mean, from and after the Second Incremental Amendment Effective Date, the Amended Credit Agreement.
Other than the conditions set forth in this Section 3, there are no other conditions (express or implied) to the Second Incremental Amendment Effective Date.
More Definitions of Second Incremental Amendment Effective Date
Second Incremental Amendment Effective Date means the date on which the conditions precedent set forth in Section 5 of the Second Incremental Amendment are satisfied or waived. For the avoidance of doubt, the Second Incremental Amendment Effective Date is July 6, 2022. “Second Incremental Amendment Term Commitment” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Lenders” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Facility” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Loans” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Maturity Date” means, with respect to the Second Incremental Amendment Term Loans and Delayed Draw Incremental Term Loans, the date that is the earlier of (x) five years after the Second Incremental Amendment Effective Date (or, if such day is not a Business Day, the immediately preceding Business Day) and (y) the date that is ninety-one (91) days prior to the “Maturity Date” (as defined in the indenture governing the 2020 Exchangeable Notes) (the “Refinancing Date”) unless on or prior to the Refinancing Date, either (a) the 2020 Exchangeable Notes have been satisfied and discharged, repaid, redeemed, repurchased, refinanced or extended to a date that is at least 180 days after the date set forth under (x) above or (b) the Borrower has deposited an amount equal to the principal amount of the 2020 Exchangeable Notes not so satisfied and discharged, repaid, redeemed , repurchased, refinanced or extended in a segregated account, which amount may only be used to satisfy and discharge, repay, redeem or repurchase such 2020 Exchangeable Notes. “Section 956 Excluded Subsidiaries” means (a) (i) any (direct or indirect) non-US subsidiary of the Borrower that is a “controlled foreign corporation” within the meaning of Section 957 of the Code (or any similar law or regulation in any applicable jurisdiction) and (ii) any (direct or indirect) subsidiary (including a disregarded entity for U.S. federal income tax purposes) of the Borrower substantially all of whose assets are direct or indirect interests in the equity or equity and debt of one or more “controlled foreign corporations” within the meaning of Section 957 of the Code (or any similar law or regulation in any applicable jurisdiction) (each, a “Foreign Holdco”) and (b) any (direct or i...
Second Incremental Amendment Effective Date. (a) The First Lien Administrative Agent (or its counsel) shall have received a counterpart of this Incremental Amendment (which may include facsimile or other electronic transmission of a signed counterpart of this Incremental Amendment) signed on behalf of Holdings, the Borrower and each other Loan Party, the Revolving Lenders and Issuing Banks, the Second Incremental Amendment Term Lenders and the Delayed Draw Incremental Lenders. (b) The First Lien Administrative Agent shall have received a written opinion (addressed to the First Lien Administrative Agent, the Second Incremental Amendment Term Lenders and the Delayed Draw Incremental Lenders and dated as of the Second Incremental Amendment Effective Date) of each of (i) Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, New York counsel for the Loan Parties, (ii) Xxxxxx Xxxxxxxx Xxxxx & Xxxxxxxx LLP, UK counsel for the Loan Parties, (iii) Young Xxxxxxx Stargatt & Xxxxxx LLP, Delaware counsel for the Loan Parties and (iv) Proskauer Rose LLP, California counsel for the Loan Parties, in each case in form and substance reasonably satisfactory to the First Lien Administrative Agent. Each Loan Party hereby requests such counsel to deliver such opinions. (c) The First Lien Administrative Agent shall have received a certificate of each Loan Party, dated the Second Incremental Amendment Effective Date, in form and substance reasonably satisfactory to the First Lien Administrative Agent, executed by any Responsible Officer of such Loan Party and including or attaching the documents or certifications, as applicable, referred to in Section 6(d) of this Incremental Amendment. (d) The First Lien Administrative Agent shall have received (i) as to each Loan Party, either (x) a copy of each Organizational Document of such Loan Party certified, to the extent applicable, as of a recent date by the applicable Governmental Authority or (y) written certification by such Loan Party’s secretary, assistant secretary or other Responsible Officer that such Loan Party’s Organizational Documents most recently certified and delivered to the First Lien Administrative Agent prior to the Second Incremental Amendment Effective Date pursuant to the First Lien Loan Documents remain in full force and effect on the Second Incremental Amendment Effective Date without modification or amendment since such original delivery, (ii) as to each Loan Party, either (x) signature and incumbency certificates of the Responsible Officers of such Loan Party executing ...
Second Incremental Amendment Effective Date means the date on which the conditions precedent set forth in Section 5 of the Second Incremental Amendment are satisfied or waived. For the avoidance of doubt, the Second Incremental Amendment Effective Date is July 6, 2022. “Second Incremental Amendment Term Commitment” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Lenders” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Facility” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Loans” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Maturity Date” means, with respect to the Second Incremental Amendment Term Loans and Delayed Draw Incremental Term Loans, the date that is the earlier of (x) five years after the Second Incremental Amendment Effective Date (or, if such day is not a Business Day, -60- [EMEA_ACTIVE 302040156_13]