PRELIMINARY STATEMENTS A Sample Clauses

PRELIMINARY STATEMENTS A. The Borrower is currently a party to that certain ▇▇▇▇▇▇▇ and Restated Revolving Credit Agreement dated as September 17, 2010, as amended, among the Borrower, the lenders party thereto, and ▇▇▇▇▇ Fargo Bank, National Association, as agent for the lenders (the “Original Credit Agreement”).

PRELIMINARY STATEMENTS A. Beneficial interests in Strong Variable are divided into several series of shares, each representing the interest in a particular managed portfolio of securities and other assets (each, a "Portfolio").

PRELIMINARY STATEMENTS A. The Borrower, the Guarantors, the Lenders party thereto and the Administrative Agent have heretofore entered into that certain Second Amended and Restated Multicurrency Credit Agreement, dated as of June 21, 2016 (the “Credit Agreement” ); and B. The parties hereto wish to enter into certain amendments, supplements or other modifications to the Credit Agreement provided herein, subject to the terms and conditions set forth below.

PRELIMINARY STATEMENTS A. Pledgors are the legal and beneficial owners of (i) the shares of stock (the "Pledged Shares") described in Part A of Schedule I annexed hereto and issued by the corporations named therein and (ii) the indebtedness (the "Pledged Debt") described in Part B of said Schedule I and issued by the obligors named therein.

PRELIMINARY STATEMENTS A. Pursuant to the terms of the Acquisition Agreement, on the Closing Date, Merger Sub 1 will merge with and into Holdings (the “Merger”), with Holdings surviving such Merger. On the Closing Date, following the Acquisition, Merger Sub 3 will merge with and into the Company (the “Borrower Merger”), with the Company surviving such Borrower Merger.

PRELIMINARY STATEMENTS A. The Borrower, the Conduit Lenders, the Related Committed Lenders, the Lender Agents and the Agent are parties to that certain Receivables Loan Agreement dated as January 22, 2002 (as amended or otherwise modified prior to the date hereof, the “Receivables Loan Agreement”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Receivables Loan Agreement.

PRELIMINARY STATEMENTS A. Rexnord Funding, as the buyer, ▇▇▇▇ Industries, as an originator, ▇▇▇▇ Pex, as an originator, Precision Gear, as an originator, Centa, as an originator, and Rexnord Industries, as the servicer, are party to that certain Receivables Sale and Servicing Agreement, dated as of September 26, 2007 (as amended, restated, supplemented or modified from time to time prior to the date hereof, the “Sale and Servicing Agreement”).

PRELIMINARY STATEMENTS A. The Borrower, Avaya Holdings Corp. (formerly known as Sierra Holdings Corp.), a Delaware corporation, the Administrative Agent and each lender from time to time party thereto (the “Lenders”) have entered into a Credit Agreement, dated as of October 26, 2007, as amended as of December 18, 2009 by Amendment No. 1, as amended and restated as of February 11, 2011 pursuant to the Amendment Agreement, as amended as of August 8, 2011 by Amendment No. 3, as amended and restated as of October 29, 2012 pursuant to Amendment No. 4, as amended and restated as of December 21, 2012 pursuant to Amendment No. 5, as amended as of February 13, 2013 by Amendment No. 6, as amended as of March 12, 2013 by Amendment No. 7, and as amended as of February 5, 2014 by Amendment No. 8 (as amended, amended and restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Restated Credit Agreement”).

PRELIMINARY STATEMENTS A. The Borrower, the Agent and each lender from time to time party thereto (the “Lenders”) have entered into a Term Loan Credit Agreement, dated as of August 31, 2021 (as amended by that certain Amendment No. 1 to Term Loan Credit Agreement, dated as of December 17, 2021, that certain Amendment No. 2 to Term Loan Credit Agreement, dated as of February 4, 2022, that certain Amendment No. 3 to Term Loan Credit Agreement, dated as of February 18, 2022, that certain Amendment No. 4 to Term Loan Credit Agreement, dated as of June 30, 2023, and that certain Amendment No. 5, dated as of August 9, 2023, and as otherwise amended, restated, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”).