Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.
Amended Facility Agreement means the Facility Agreement as amended and supplemented by this Agreement.
Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.
Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.
Existing Agreement has the meaning set forth in the Recitals.
Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement, dated as of July 17, 2015, by and among the Borrower, the other Loan Parties, the Administrative Agent, the Lenders party thereto and the other parties thereto.
Original LLC Agreement has the meaning set forth in the recitals to this Agreement.
Mentor-Protégé Agreement means an agreement between a prime and MBE or WBE subcontractor pursuant to MCC 2-92-535, that is approved by the City of Chicago and complies with all requirements of MCC 2-92-535 and any rules and regulations promulgated by the Chief Procurement Officer.
Existing Plan means the Amended and Restated Novatel Wireless, Inc. 2000 Stock Incentive Plan.
Exchange Agreement has the meaning set forth in the Recitals.
Amended Credit Agreement means the Existing Credit Agreement as amended hereby.
Existing Facility Agreement means Existing Facility Agreement A, Existing Facility Agreement B, Existing Facility Agreement C and Existing Facility Agreement D and, in the plural, means all of them;
Existing LLC Agreement is defined in the recitals to this Agreement.
Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.
Original Loan Agreement shall have the meaning set forth in the Recitals hereto.
Exchange Agreements means the GSK Exchange Agreement, the Pfizer Exchange Agreement and the SLP Exchange Agreement;
Existing Credit Agreement as defined in the recitals hereto.
Original Plan shall have the meaning set forth in the recitals hereto;
Existing ABL Credit Agreement means that certain ABL credit agreement, dated as of April 19, 2013, among Petco Animal Supplies, Inc., the lenders party thereto, Bank of America, N.A., (as successor to Credit Suisse AG) as administrative agent, Xxxxx Fargo Bank, National Association, as collateral agent, and the subsidiaries of Petco Animal Supplies, Inc. from time to time party thereto, as amended by that certain First Amendment to the ABL Credit Agreement, dated as of November 21, 2014.
Original Agreement has the meaning set forth in the recitals.
Omnibus Agreement means that certain Omnibus Agreement, dated as of the Closing Date, among the General Partner, the Partnership, the Operating Company and certain other parties thereto, as such may be amended, supplemented or restated from time to time.
Existing Credit Agreements means, collectively, that certain (a) Amended and Restated Revolving Credit Agreement dated as of September 25, 2015 among the Borrower, Citibank, N.A., as administrative agent, and the lenders from time to time party thereto, and (b) Credit Agreement dated as of October 30, 2017 among the Target, Bank of America, N.A., as administrative agent, the guarantors party thereto and the lenders from time to time party thereto.
Existing Loan Agreement has the meaning set forth in the recitals to this Agreement.
Original Credit Agreement shall have the meaning assigned to such term in the recitals hereto.
Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.
Term Loan Agreement has the meaning assigned to such term in the recitals of this Agreement.