Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 2019-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless: (a) the Base Indenture, the Series 2019-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect; (b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 2019-1 Class A-1 Notes; (c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 2019-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
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Samples: Note Purchase Agreement (Jack in the Box Inc /New/), Class a 1 Note Purchase Agreement (Wendy's Co)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192021-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192021-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192021-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192021-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 2 contracts
Samples: Class a 1 Note Purchase Agreement (Wendy's Co), Class a 1 Note Purchase Agreement (Wendy's Co)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192021-1 Class A-1 Notes hereunder on the Series 2021-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192021-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2021-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of at least “BBBBBB+” has been assigned to the Series 20192021-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192021-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Samples: Class a 1 Note Purchase Agreement (Dominos Pizza Inc)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192015-1 Class A-1 Notes hereunder on the Series 2015-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192015-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2015-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of at least “BBBBBB+” has been assigned to the Series 20192015-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192015-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
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Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192017-1 Class A-1 Notes hereunder on the Series 2017-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192017-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2017-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192017-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192017-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Samples: Class a 1 Note Purchase Agreement (Dunkin' Brands Group, Inc.)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192015-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192015-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192015-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192015-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Samples: Note Purchase Agreement (Dunkin' Brands Group, Inc.)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192022-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192022-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192022-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192022-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Samples: Class a 1 Note Purchase Agreement (Jack in the Box Inc)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192018-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192018-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192018-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192018-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 2019-1 Class A-1 Notes hereunder on the Series 2019-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 2019-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2019-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of at least “BBBBBB+” has been assigned to the Series 2019-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 2019-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 2019-1 Class A-1 Notes hereunder on the Series 2019-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 2019-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2019-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 2019-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 2019-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Samples: Class a 1 Note Purchase Agreement (Dunkin' Brands Group, Inc.)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192014-1 Class A-1 Notes hereunder on the Series 2014-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192014-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2014-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192014-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192014-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Partywaived.
Appears in 1 contract
Samples: Class a 1 Note Purchase Agreement (DineEquity, Inc)
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192020-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192020-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192020-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192020-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192018-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192018-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P and KBRA, respectively, stating that a long-term rating of “BBBBBB-” has been assigned to the Series 20192018-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192018-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192017-1 Class A-1 Notes hereunder on the Series 2017-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192017-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Series 2017-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of at least “BBBBBB+” has been assigned to the Series 20192017-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192017-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192017-1 Class A-1 Notes hereunder on the Series 2017-1 Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
: (a) the a)the Base Indenture, the Series 20192017-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
; (b) on b)on the Series 2017-1 Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192017-1 Class A-1 Notes;
; (c) at c)at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192017-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract
Samples: Note Purchase Agreement
Conditions to Issuance and Effectiveness. Each Lender Party will have no obligation to purchase the Series 20192015-1 Class A-1 Notes hereunder on the Closing Date, and the Commitments, the Swingline Commitment and the L/C Commitment will not become effective, unless:
(a) the Base Indenture, the Series 20192015-1 Supplement, the Guarantee and Collateral Agreement and the other Related Documents shall be in full force and effect;
(b) on the Closing Date, the Administrative Agent shall have received a letter, in form and substance reasonably satisfactory to it, from S&P stating that a long-term rating of “BBB” has been assigned to the Series 20192015-1 Class A-1 Notes;
(c) at the time of such issuance, the additional conditions set forth in Schedule III hereto and all other conditions to the issuance of the Series 20192015-1 Class A-1 Notes under the Indenture shall have been satisfied or waived by such Lender Party.
Appears in 1 contract