Examples of Fifth Amendment Date in a sentence
On the Fifth Amendment Date, the Issuer shall pay the applicable Class A Up-Front Fee (as defined and set out in the Class A Up-Front Fee Letter, as applicable) to each Class A Funding Agent for the account of the related Class A Committed Note Purchasers.
For purposes of determining withholding Taxes imposed under FATCA, from and after the Fifth Amendment Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
For periods ending after the Fifth Amendment Date through and including March 31, 2021 only, a new Section 5 of the “Attachment to Compliance Certificate” following Exhibit D is added to read as follows.
For each fiscal quarter ending after the Fifth Amendment Date, the Borrower will not permit EBITDA for the four consecutive fiscal quarters ending on such date to be less than the “Minimum EBITDA” corresponding to the applicable “Fiscal Quarter Ending” in the table below.
Effective as of the Fifth Amendment Date retroactively to January 1, 2015, (i) the fourth page of Exhibit B to the Original Lease entitled “3RD FLOOR ROOF EQUIPMENT” is deleted and replaced by the schematic attached as Exhibit C to this Fifth Amendment (the “New 3rd Floor Roof Exhibit”), and (ii) Tenant shall have no right to use any equipment at or locations on the 3rd floor roof other than those identified on the New 3rd Floor Roof Exhibit.