Examples of Fifth Amendment and Restatement Agreement in a sentence
Subject to the terms and conditions set forth herein, and in the Fifth Amendment and Restatement Agreement, each Term Lender has severally agreed to make one or more new Term Loans in an aggregate principal amount equal to its Term Commitment.
The conditions to the effectiveness of the amendment and restatement of the Existing Credit Agreement in the form of this Agreement, are set forth in Section 5 of the Fifth Amendment and Restatement Agreement.
Pursuant to the Fifth Amendment and Restatement Agreement and upon the terms and subject to satisfaction of the conditions set forth therein, the Existing Credit Agreement is being amended and restated in the form of this Agreement.
The Company represents and warrants to the Agent that the Repeating Representations are true and accurate in all respects (or, in the case of such Repeating Representations which are not otherwise subject to a materiality threshold or qualification in accordance with their terms, are correct in all material respects) as at the date of this Fifth Amendment and Restatement Agreement and as at the Effective Date.
The Borrower, Holdings, Intermediate Parent, TDS Intermediate Parent, UBS AG, Stamford Branch, as Administrative Agent and L/C Issuer, UBS Loan Finance LLC, as Swing Line Lender, Credit Suisse Securities (USA) LLC, as Syndication Agent and the Lenders party thereto have previously entered into the Fifth Amendment and Restatement Agreement dated December 11, 2012 (the “Amendment Agreement”) to amend and restate the Existing Credit Agreement (as defined in the Amendment Agreement).
Headings are for convenience only and shall not affect the construction of this Fifth Amendment and Restatement Agreement.
This Fifth Amendment and Restatement Agreement and any non-contractual obligations arising out of or in connection with it is governed by English law.
The Annex to this Fifth Amendment and Restatement Agreement forms an integral part of this Fifth Amendment and Restatement Agreement.
Article 38 of the Agreement shall apply mutatis mutandis to this Fifth Amendment and Restatement Agreement.
The effectiveness of the amendment and restatement of this Agreement pursuant to the Fifth Amendment and Restatement Agreement is subject to the satisfaction of the conditions set forth in the Fifth Amendment and Restatement Agreement.