Examples of Designated Borrower Effective Date in a sentence
The Joining Borrower represents and warrants to the Administrative Agent and each Lender that each of the representations and warranties set forth in Article V of the Credit Agreement with respect to the Joining Borrower is true and correct in all material respects (or, in the case of any such representations and warranties qualified as to materiality, in all respects) as of the Designated Borrower Effective Date.
On or prior to the NEC Designated Borrower Effective Date, the Administrative Agent shall have received a duly executed Note for the account of each Lender requesting delivery of a Note pursuant to Section 2.05.
On the NEC Designated Borrower Effective Date, the Administrative Agent shall have received from counsel to NEC, opinions addressed to the Administrative Agent and each Lender, dated the NEC Designated Borrower Effective Date.
The Administrative Agent shall have received full payment from the Company of the fees and expenses of Xxxxx Xxxx & Xxxxxxxx LLP described in Section 9.03 which are billed through the applicable Designated Borrower Effective Date and which have been invoiced one Business Day prior to the applicable Designated Borrower Effective Date.
For the avoidance of doubt, from the KU Designated Borrower Effective Date, the 2026 KU Commitment Amount shall constitute a part of the Commitments.
As of the Amendment No. 1 Effective Date, the 2026 KU Commitment Amount of each 2026 Revolving Lender is the amount set forth in the table under the heading “2026 KU Commitments” opposite such 2026 Revolving Lender’s name on Appendix A3 (it being understood and agreed that Appendix A3 hereto may be replaced by the Borrower and the Administrative Agent to reflect the actual 2026 KU Commitment Amount as of the KU Designated Borrower Effective Date).
On or prior to the Designated Borrower Effective Date, the Administrative Agent shall have received a duly executed Note for the account of each Lender requesting delivery of a Note pursuant to Section 2.05.
On or prior to the applicable Designated Borrower Effective Date, the Administrative Agent shall have received a duly executed Note for the account of each Lender requesting delivery of a Note pursuant to Section 2.05.
Since the last fiscal year end immediately prior to the Designated Borrower Effective Date there has been no change in the business, assets, financial condition or operations of the Designated Borrower that would materially and adversely affect the Designated Borrower’s ability to perform any of its obligations under this Agreement, the Notes or the other Loan Documents.
The Administrative Agent shall have received full payment from the Company of the fees and expenses of Xxxxx Xxxx & Xxxxxxxx LLP described in Section 9.03 which are billed through the NEC Designated Borrower Effective Date and which have been invoiced one Business Day prior to the NEC Designated Borrower Effective Date.