Amended MGCA means the Master Guarantee and Collateral Agreement, as amended in accordance with Section 4.
Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.
Original LLC Agreement has the meaning set forth in the Recitals.
Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.
Existing LLC Agreement is defined in the recitals to 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.
Amended Credit Agreement means the Existing Credit Agreement as amended hereby.
Amended Facility Agreement means the Facility Agreement as amended and supplemented by this Agreement.
Existing Agreement has the meaning set forth in the recitals.
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 Agreement has the meaning set forth in the recitals.
Exchange Agreement has the meaning set forth in the Recitals.
Company LLC Agreement means the Limited Liability Company Agreement of the Company, dated as of October 23, 2006, as amended or restated from time to time.
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.
Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.
Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.
Exchange Agreements means the GSK Exchange Agreement, the Pfizer Exchange Agreement and the SLP Exchange Agreement;
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 Partnership 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.
the Second Supplementary Agreement means the Second Supplementary Agreement, a copy of which is set out in Schedule 3;
Original Plan means any defined contribution plan which meets the requirements of Code Section 401 and referred to in Article XII of the Plan.
Existing Credit Agreement as defined in the recitals hereto.
Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.
Original Financing Agreement means the development credit agreement for a Social Investment Program Project between the Recipient and the Association, dated April 7, 2003, as amended to the date of this Agreement (Credit No. 3740-BD).