Acquisition Funding Date definition

Acquisition Funding Date means the first date on which all of the Conditions Precedent set forth in Section 4.02(b) have been satisfied or waived in accordance with the provisions of this Agreement and Term Borrowings are made under this Agreement.

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Acquisition Funding Date means the “Closing Date” as defined in the Merger Agreement.

Acquisition Funding Date means the date on which the funding of an ------------------------ Acquisition Revolving Loan occurs.

Examples of Acquisition Funding Date in a sentence

• The Administrative Agent shall notify the Borrower and the Lenders of the Acquisition Funding Date, and such notice shall be conclusive and binding.

• Within the foregoing limits, and subject to the terms and conditions hereof, the Borrowers’ ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrowers may on or after the Acquisition Funding Date, during the Availability Period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon or payments or disbursements made in respect of, as applicable, and reimbursed.

• Subject to the terms and conditions set forth herein, each Lender (severally and not jointly) agrees to make a term loan to the Borrower in Dollars on the Acquisition Funding Date in an aggregate principal amount not to exceed such Lender’s Commitment.

• Notwithstanding the foregoing, the obligations of the Lenders to make Loans on the Acquisition Funding Date to finance the Kosmos Acquisition shall not become effective unless each of the foregoing conditions is satisfied (or waived pursuant to Section 9.02) at or prior to 11:59 p.m., New York City time, on the Commitment Termination Date (and, in the event such conditions are not so satisfied or waived, the Commitments shall terminate at such time).

• On the terms and subject to the conditions contained in the Second Amendment, each 2016 Incremental Lender severally agrees to make a 2016 Incremental Term Loan in Dollars to the Borrower on the the ▇▇▇▇ Acquisition Funding Date and/or the ▇▇▇▇ Acquisition Funding Date, in an amount not to exceed such Term Lender’s Term Commitment on the Second Amendment Effective Date.

• Rales is the Trustee, (ii) BDT Capital Partners and its Controlled Investment Affiliates and (iii) any other investor that is issued common Equity Interests or Closing Date Preferred Equity of the Parent pursuant to the Equity Financing after the Effective Date and on or before the Acquisition Funding Date and any such investors’ Controlled Investment Affiliates.

• For the avoidance of doubt, upon the ▇▇▇▇ Acquisition Funding Date $150,000,000 of the 2016 Incremental Term Loans shall be immediately and automatically cancelled in full and all commitments of the Incremental Lenders in respect of the 2016 Incremental Term Loans shall be immediately and automatically cancelled in full following the ▇▇▇▇ Acquisition Funding Date.

• During the period from the CVI Acquisition Funding Date to the Repayment Date, the Borrowers shall not be deemed to have breached the representation set forth in the second sentence of Section 4.21(a) of the Credit Agreement by virtue of CII and its Subsidiaries not delivering a CVI Guarantee on the CVI Acquisition Funding Date.

• To the extent that CII or any of its Subsidiaries is required under Section 3.02(e) of the Credit Agreement to execute and deliver a CVI Guarantee on the CVI Acquisition Funding Date, such CVI Guarantee need not be executed and delivered on such date but shall be executed and delivered to the Lenders not later than the Repayment Date.

• Subject to adjustment pursuant to the second sentence of this Section 2.10(b), the Borrower shall repay Tranche A Term Borrowings on the last day of each of March, June, September and December, commencing with June 2019, in a principal amount equal to the aggregate principal amount of Tranche A Term Loans outstanding on the Acquisition Funding Date multiplied by 2.50%.

More Definitions of Acquisition Funding Date

Acquisition Funding Date means the first date if any, on which both (x) the Acquisition has been consummated (or, if elected by the Company, on which certificates for all mergers comprising the Acquisition have been submitted for filing in the relevant jurisdictions) and (y) either (i) the Starwood Payoff or (ii) the Starwood Reduction has occurred. FOURTH AMENDED AND RESTATED CREDIT AGREEMENT

Acquisition Funding Date has the meaning assigned to such term in the Third Amendment. “Additional Agreement” has the meaning assigned to such term in Article 8. “Additional Borrowers” means the Pre-Approved Borrowers and the Other Non-U.S. Revolving Facility Borrowers. “Additional Commitments” means any commitments hereunder added pursuant to Section 2.22, 2.23 or 9.02(c). “Additional Lender” has the meaning assigned to such term in Section 2.22(b). “Additional Loans” means the Additional Revolving Loans and the Additional Term Loans. “Additional Revolving Commitments” means any revolving credit commitment added pursuant to Section 2.22, 2.23 or 9.02(c)(ii). “Additional Revolving Facility” means any revolving credit facility added pursuant to Section 2.22, 2.23 or 9.02(c)(ii). “Additional Revolving Loans” means any revolving loan added hereunder pursuant to Section 2.22, 2.23 or 9.02(c)(ii). “Additional Rights” has the meaning assigned to such term in Section 6.01(p). “Additional Rights to Extending Revolving Lenders” has the meaning assigned to such term in Section 2.23(a)(i). “Additional Rights to Incremental Equivalent Debt Lenders” has the meaning assigned to such term in Section 6.01(z). -2- #96942867v160458181 #96942867v1