Existing Specified Letter of Credit means the letters of credit described on Schedule 1.4 hereto, including the letters of credit originally issued by an Issuing Bank under the Extraction Credit Agreement and the Crestone Credit Agreement.
Existing Specified Letter of Credit means the letters of credit described on Schedule 1.4 hereto, including the letters of credit originally issued by an Issuing Bank under the Extraction Credit Agreement and the Crestone Credit Agreement. “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Agreement, (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof, any agreement entered into pursuant to Section 1471(b)(1) of the Code, any intergovernmental agreement entered into in connection with the implementation of such Sections of the Code and any fiscal or regulatory legislation, rules or practices adopted pursuant to such intergovernmental agreement. “Federal Funds Effective Rate” means, for any day, the weighted average (rounded upwards, if necessary, to the next 1/100 of 1%) of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published on the next succeeding Business Day by the NYFRB, or, if such rate is not so published for any day that is a Business Day, the average (rounded upwards, if necessary, to the next 1/100 of 1%) of the quotations for such day for such transactions received by the Administrative Agent from three Federal funds brokers of recognized standing selected by it. “Fee Letter” means that certain Fee Letter dated November 1, 2021, among the Borrower and JPMorgan Chase Bank, N.A., as amended, restated, replaced, supplemented or otherwise modified from time to time. “Fifth Amendment” means that certain Fifth Amendment to Amended and Restated Credit Agreement dated as of the Fifth Amendment Effective Date among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto. “Fifth Amendment Acquisition” has the meaning given to such term in the Fifth Amendment. “Fifth Amendment Acquisition Additional Indebtedness” means (a) customary unsecured “bridge” loan facilities, (b) senior unsecured notes or convertible notes, or (c) any combination of the foregoing, in each case, solely to the extent (i) incurred during the period between the Fifth Amendment Effective Date and January 31, 2024, (ii) that the intended use of proceeds thereof is to fund a portion of the purchase price for the Fifth Amendment Acquisition and related expenses, and (iii) that the aggregate principal amount thereof does not exceed $1,50...