Effective Date Form 10 definition

Effective Date Form 10 means the Form 10 (without giving effect to any amendment, modification or supplement thereto made or filed with the SEC after the date that is three Business Days prior to the Effective Date, other than any such amendments, supplements or modifications that are not material and adverse to the rights or interests of the Lenders or made with the prior written approval of the Administrative Agent); provided, however, that any such amendments, supplements or modifications shall not be deemed to be material and adverse to the rights or interests of the Lenders if relating to (i) the inclusion of information for which there are placeholders in the Form 10 (as on file with the SEC on the date that is three Business Days prior to the Effective Date), such as the distribution ratio and the distribution and record dates or (ii) the sale of the Yadkin Facility, solely to the extent that the financial impact of any modifications, supplements or amendments pursuant to this clause (ii) were reflected in the projections provided to the Lenders prior to the date of the Engagement Letter.
Effective Date Form 10 means the Form 10 (without giving effect to any amendment, modification or supplement thereto made or filed with the SEC after the date that is three Business Days prior to the Effective Date, other than any such amendments, supplements or modifications that are not material and adverse to the rights or interests of the Lenders or made with prior written approval of the Administrative Agent); provided, however, that any such amendments, supplements or modifications shall not be deemed to be material and adverse to the rights or interests of the Lenders if relating to the inclusion of information for which there are placeholders in the Form 10 (as on file with the SEC on the date that is three Business Days prior to the Effective Date), such as the distribution ratio and the distribution and record dates.
Effective Date Form 10 means the draft registration statement on Form 10 provided by the Borrower to the Lenders on December 14, 2021 (including the information statement filed therewith).

Examples of Effective Date Form 10 in a sentence

  • Except as set forth in the financial statements referred to in Section 3.06 and the Effective Date Form 10, there has been no event, change or condition that has had, or would reasonably be expected to have, a material adverse effect on the business, assets, liabilities (contingent or otherwise), operations or financial condition of Holdings, the Borrower and the Restricted Subsidiaries, taken as a whole, since December 31, 2015.

  • Except as set forth in the financial statements referred to in Section 3.06 and the Effective Date Form 10, there has been no event, change or condition that has had, or would reasonably be expected to have, a material adverse effect on the business, assets, liabilities (contingent or otherwise), operations or financial condition of Holdings, the Borrower and the Restricted Subsidiaries, taken as a whole, since December 31, 2016.

  • Except as set forth in the financial statements referred to in Section 3.06 (Financial Statements) and the Effective Date Form 10, there has been no event, change or condition that has had, or would reasonably be expected to have, a material adverse effect on the business, assets, liabilities (contingent or otherwise), operations or financial condition of Holdings, the Borrower and the Restricted Subsidiaries, taken as a whole, since December 31, 2017.

Related to Effective Date Form 10