Examples of Amendment No.1 Effective Date in a sentence
On and after the Amendment No.1 Effective Date, each reference in the Existing Agreement to "this Agreement," "the Agreement," "hereunder," "hereof," "herein," or words of like import shall mean the Existing Agreement as amended by this Amendment No.1.
If immediately after giving effect to Amendment No.1 Effective Date the aggregate outstanding amount of Term A Loans and Term B Loans exceeds $1,050,000,000 (the “Amendment No. 1 Aggregate Term Loan Cap”), the Borrower shall prepay an amount of Term B Loans on the Amendment No. 1 Effective Date to the extent required to reduce the aggregate principal amount of outstanding Term A Loans and Term B Loans to the Amendment No. 1 Aggregate Term Loan Cap.
Isis hereby represents and warrants to OncoGenex that: (a) as of the Amendment No.1 Effective Date, Isis does not believe that OncoGenex is in breach of any of its obligations under the Restated Agreement; (b) the Restated Agreement is in good standing and in full force and effect; and (c) Isis’ agreements with [***] are all in good standing and in full force and effect.
The Credit Agreement is, effective as of the Amendment No.1 Effective Date (as defined below), hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Credit Agreement attached as Exhibit A hereto.
The Borrower has delivered to the Administrative Agent financial projections (including balance sheets and statements of operation and cash flows) for the period from the Amendment No.1 Effective Date through 2023 (broken out on a quarterly basis for the first year after the Amendment No. 1 Effective Date and annually thereafter) derived from various assumptions of the Borrower’s management (the “Financial Projections”).
The Administrative Agent shall notify the Company and the Lenders of the Incremental Amendment No.1 Effective Date, and such notice shall be conclusive and binding.
Isis hereby represents and warrants to OncoGenex that: (a) Isis has assigned to OncoGenex all rights, title, and interests in and to the Product-Specific Technology and the Product-Specific Technology Patents existing as of the Amendment No.1 Effective Date; and (b) to Isis’ knowledge, Isis has transferred to OncoGenex all Information and technology required to be transferred under the first sentence of Section 4.2.2 of the Restated Agreement.
The Agent shall have received a customary certificate from the chief financial officer of the U.S. Borrower certifying that the Loan Parties, on a consolidated basis on the Amendment No.1 Effective Date after giving effect to the Transaction, are solvent (within the meaning of Section 3.15 of the Credit Agreement).
The Administrative Agent shall notify the Company and the Lenders of the Amendment No.1 Effective Date, and such notice shall be conclusive and binding.
Except as expressly set forth in this Amendment, nothing herein shall be deemed to entitle any Loan Party to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as in effect immediately prior to the Amendment No.1 Effective Date or any other Loan Document in similar or different circumstances.