Anticipated Cure Deadline has the meaning specified in Section 8.03(a).
Anticipated Cure Deadline as defined in Section 7.2(a).
Anticipated Cure Deadline shall have the meaning assigned to such term in Section 7.02(a).
Examples of Anticipated Cure Deadline in a sentence
For the avoidance of doubt, after the Anticipated Cure Deadline, if the Credit Parties have not cured such failure pursuant to the exercise of the Cure Right in accordance with the terms of Section 9.14, the Administrative Agent may exercise any of the rights or remedies set forth in this Section 10.2.
More Definitions of Anticipated Cure Deadline
Anticipated Cure Deadline has the meaning specified therefor in Section 10.15.
Anticipated Cure Deadline has the meaning ascribed thereto in Section 6.2.
Anticipated Cure Deadline has the meaning set forth in Section 8.02(a). “Applicable Fiscal Year” has the meaning set forth in Section 2.11(d). “Applicable Percentage” means, with respect to any Revolving Lender, subject to Section 2.21, the percentage of the Total Revolving Commitments represented by such Xxxxxx’s Revolving Commitment. If the Revolving Commitments have terminated or expired, the Applicable Percentages shall be determined based upon the Revolving Commitments most recently in effect, giving effect to any assignments. “Applicable Rate” means, for any day and with respect to any Term Loan, Revolving Loan, letter of credit fee referred to in Section 2.12(b)(i) and commitment fee referred to in Section 2.12(a), as the case may be, the applicable rate per annum set forth below under the caption, “Term SOFR Spread/Letter of Credit Fee”, “ABR Spread” or “Commitment Fee”, as the case may be, based upon the Total Net Leverage Ratio as of the last day of the most recently ended Test Period: Category Total Net Leverage Ratio Term SOFR Spread/Letter of Credit Fee ABR Spread Commitment Fee 1 Greater than or equal to 4.00:1.00 2.25% 1.25% 0.375% 2 Less than 4.00:1.00 but greater than or equal to 3.00:1.00 2.00% 1.00% 0.250% 3 Less than 3.00:1.00 1.75% 0.75% 0.250% For purposes of the foregoing, (i) the Total Net Leverage Ratio shall be determined as of the last day of the most recently ended Test Period based upon PubCo’s consolidated financial statements most recently delivered pursuant to Section 5.01(a) or (b); provided that until delivery of the financial statements for the first full Fiscal Quarter ended after the Closing Date as required by Section 5.01(a) or (b), the “Applicable Rate” shall be the applicable rate per annum set forth in Category 2 thereof and (ii) each change in the Applicable Rate resulting from a change in the Total Net Leverage Ratio shall be effective during the period commencing on and including the date of delivery to the Administrative Agent of such consolidated financial statements indicating such change and ending on the date immediately preceding the effective date of the next such change; provided that the Total Net Leverage Ratio shall be deemed to be in Category 1 if the Parent Borrower fails to deliver the consolidated financial statements required to be delivered by it pursuant to Section 5.01(a) or (b), during the period from the expiration of the time for delivery thereof until such consolidated financial statements are delivered. “Approved ...
Anticipated Cure Deadline as defined in the definition of “Specified Equity Contribution” in this Section 1.1.
Anticipated Cure Deadline shall have the meaning set forth in Section 10.16 hereof. “Applicable Law” shall mean all Laws applicable to the Person, conduct, transaction, covenant, Other Document or contract in question, all provisions of all applicable state, federal and foreign constitutions, statutes, rules, regulations, treaties, directives and orders of any Governmental Body, and all orders, judgments and decrees of all courts and arbitrators. “Applicable Liquidity Shortfall Date” shall have the meaning set forth in Section 10.16 hereof. “Applicable Margin” shall mean, (a) as of the Closing Date and through and including December 31, 2024, (i) an amount equal to 2.00% per annum for (x) Revolving Advances consisting of Term SOFR Rate Loans and (y) Letter of Credit Fees, and (ii) an amount equal to 1.00% per annum for (x) Revolving Advances consisting of Domestic Rate Loans, and (y) Swing Loans, and (b) effective as of January 1, 2025 and on the first day of each fiscal quarter thereafter (each an “Applicable Margin Adjustment Date”), the Applicable Margin for each type of Advance and for Letter of Credit Fees shall be adjusted, if necessary, to the applicable percentage per annum set forth in the pricing table below corresponding to the Quarterly Average Undrawn Availability ending on the last day of the most recently completed fiscal quarter prior to the Applicable Margin Adjustment Date:
Anticipated Cure Deadline shall have the meaning set forth in Section 10.16 hereof.
Anticipated Cure Deadline has the meaning specified in Section 8.2(a). “ASC” has the meaning specified in the definition of Core Earnings. “Assignment Agreement” means an Assignment and Assumption Agreement substantially in the form of Exhibit D-1, with such amendments or modifications as may be approved by the Administrative Agent in its reasonable discretion, or, if applicable, an Affiliated Lender Assignment Agreement. “Assignment Effective Date” has the meaning specified in Section 2.4(b). “Authorized Officer” means, as applied to any Person, any individual holding the position of chairman of the board (if an officer), chief executive officer, president, chief financial officer or treasurer. “Available Excess Cash” means, as of the last day of each month, the amount by which (i) the Cash and Cash Equivalents of Parent and its wholly owned Subsidiaries as of the end of such month exceeds (ii) the operating reserves with respect to such month, calculated as set forth on Schedule 1.1(h) (subject to adjustment pursuant to Section 2.10(c)), as reflected in the relevant Compliance Certificate. “Bail-In Action” means the exercise of any Write-Down and Conversion Powers by the applicable Resolution Authority in respect of any liability of an Affected Financial Institution. “Bail-In Legislation” means (a) with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law, regulation rule or requirement for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule and (b) with respect to the United Kingdom, Part I of the United Kingdom Banking Act 2009 (as amended from time to time) and any other law, regulation or rule applicable in the United Kingdom relating to the resolution of unsound or failing banks, investment firms or other financial institutions or their affiliates (other than through liquidation, administration or other insolvency proceedings). “Bankruptcy Code” means Title 11 of the United States Code entitled “Bankruptcy,” as now and hereafter in effect, or any successor statute and all of the rules and regulations issued or promulgated in connection therewith. “Beneficial Ownership Certification” shall mean a certification regarding beneficial ownership as required by the Beneficial Ownership Regulation. “Beneficial Ownership Regulation” shall mean 31 C.F.R. § 1010.230. “Beneficiary” means each Agent and each Lender. 3