Eighth Amendment Closing Date definition
Examples of Eighth Amendment Closing Date in a sentence
On the Eighth Amendment Closing Date after giving effect to the Transactions and the other transactions contemplated hereby, the Borrower and its Subsidiaries, on a consolidated basis, are Solvent.
As of the Eighth Amendment Closing Date, no Loan Party has any Restricted Subsidiaries other than those disclosed in Schedule 5.12, and all of the outstanding Equity Interests in such Restricted Subsidiaries that are owned by a Loan Party are owned free and clear of all Liens except for Permitted Liens.
As of the Eighth Amendment Closing Date, Schedule 5.12 (a) sets forth the name and jurisdiction of each Restricted Subsidiary, (b) sets forth the ownership interest of the Borrower and any other Restricted Subsidiary in each Restricted Subsidiary, including the percentage of such ownership and (c) identifies each Restricted Subsidiary that is a Restricted Subsidiary the Equity Interests of which are required to be pledged hereunder or under the Security Documents.
Each of the representations and warranties (as amended hereby) made by the Borrower in Article 3 of the Credit Agreement are true and correct on and as of the Eighth Amendment Closing Date (except those representations and warranties that address matters only as of a particular date, which are true and correct as of that date), and are incorporated herein as though fully set forth.
Subject solely to the satisfaction of the conditions set forth in Section 8 below on the Eighth Amendment Closing Date, Lender consents to Borrower's entering into the Merger Agreement and consummating the Going Private Transaction and the Merger, substantially as described in that certain letter dated May 28, 2004 from Xxxxxxx Xxxxxxx of Xxxx, Xxxx & Xxxxx (counsel to Hako) to Xxxxxx X.