Fifth Restatement Date definition

Fifth Restatement Date means June 8, 2012.
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Fifth Restatement Date means the date, no later than 30 June 2013, on which the Agent notifies the Borrower and the Lenders in writing that the Agent has received the documents and evidence specified in clause 6 and Schedule 2 in a form and substance satisfactory to it;
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Fifth Restatement Date means October 19, 2018.
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Examples of Fifth Restatement Date in a sentence

  • It is also acknowledged that the MII Cover shall, with effect on and from the Fifth Restatement Date, be in the name of the Collateral Agent (and not the Previous Hermes Agent) and any references to the MII Cover (and whose name it is in) in the Relevant Documents shall be construed accordingly.

  • In the event of any conflict between the terms of this Section and those of any other Contractual Obligation entered into with any Credit Party (whether or not a Loan Document) prior to the Fifth Restatement Date, the terms of this Section shall govern.

  • The Original Loan Agreement shall, with effect on and from the Fifth Restatement Date, be (and it is hereby) amended and restated so as to read in accordance with the form of the amended and restated Loan Agreement set out in Schedule 3 and (as so amended) will continue to be binding upon the parties to it in accordance with its terms as so amended and restated.

  • The Borrower will use the proceeds of the Term Loans and any Revolving Loans funded on the Fifth Restatement Date to refinance existing Indebtedness under the Existing Credit Agreement and to pay transaction costs and expenses arising in connection with this Agreement.

  • The Borrower agrees to pay to the Agent (on behalf of the Lenders and for distribution to them rateably in accordance with their Contributions), on the Fifth Restatement Date a fee of $[*].

  • The Term Loans may be, from time to time, Base Rate Loans or Eurodollar Loans or a combination thereof; provided, that on the Fifth Restatement Date all Term Loans shall be Base Rate Loans.

  • The Guarantor shall continue to guarantee the Loan Agreement but the terms of the Original Guarantee will with effect on and from the Fifth Restatement Date be replaced by the provisions of the Guarantee and any other applicable provisions of the Loan Agreement and accordingly from such time the Original Guarantee shall no longer be relevant for the purposes of determining the guarantee obligations of the Guarantor.

  • The Term Loan Commitments shall terminate on the Fifth Restatement Date upon the making of the Term Loans pursuant to Section 2.6.

  • As of the Fifth Restatement Date, each of the Existing Letters of Credit shall be deemed to have been issued under the Revolving Commitments pursuant to this Section and each Revolving Lender is deemed to have purchased a participation in all Existing Letters of Credit in accordance with this Section 2.24.

  • Without limiting the foregoing, no Default or Event of Default existing under the Existing Credit Agreement as of the Fifth Restatement Date shall be deemed waived or cured by this amendment and restatement thereof, except to the extent that such Default or Event of Default would not otherwise be a Default or Event of Default hereunder after giving effect to the provisions hereof.


More Definitions of Fifth Restatement Date

Fifth Restatement Date means October 19, 2018. “First Restatement Date” means August 2, 2013. “Fiscal Quarter” means (i) from the Fifth Restatement Date through June 30, 2020, each three-month period from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 of each calendar year, (ii) the five- month period from July 1, 2020, through November 30, 2020, and (iii) beginning December 1, 2020, each three-month period from March 1 through May 31, June 1 through August 31, September 1 through November 30, and December 1 through the last day of February of the following calendar year “Fiscal Year” means, respectively (i) prior to September 30, 2020, the twelve- month fiscal period of the Borrower and its Subsidiaries commencing on January 1 of each calendar year and ending on December 31 of each calendar year and (ii) from and after September 30, 2020, the twelve-month fiscal period of the Borrower and its Subsidiaries commencing on March 1 of each calendar year and ending on the last day of February of the following calendar year (commencing with the period beginning March 1, 2020). “Fitch” means Fitch, Inc. and any successor thereto. “Fixed Charge Coverage Ratio” means, with respect to any Person for any period, the ratio of EBITDA of such Person for such period to the Fixed Charges of such Person for such
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Related to Fifth Restatement Date

  • Second Restatement Date means October 20, 2011.

  • Amendment Date has the meaning set forth in the preamble.

  • Restatement Date means the earlier to occur of (i) the date the Board, a committee of the Board or the officers of the Company authorized to take such action if Board action is not required, concludes, or reasonably should have concluded, that the Company is required to prepare an Accounting Restatement, or (ii) the date a court, regulator or other legally authorized body directs the Company to prepare an Accounting Restatement.

  • Accounting Restatement Date means the earlier to occur of (a) the date that the Board, a committee of the Board authorized to take such action, or the officer or officers of the Company authorized to take such action if Board action is not required, concludes, or reasonably should have concluded, that the Company is required to prepare an Accounting Restatement, or (b) the date that a court, regulator or other legally authorized body directs the Company to prepare an Accounting Restatement.

  • Second Restatement Effective Date has the meaning specified in the Second Amendment Agreement.

  • Activation Date means the date upon which MLBFS shall cause the WCMA Line of Credit to be fully activated under MLPF&S' computer system as part of the WCMA Program.

  • First Restatement Effective Date means the “Restatement Effective Date” as defined in the First Amendment Agreement.

  • Base Date means a date 30 day prior to the submission of tenders.

  • the Effective Date means each date that the Registration Statement and any post-effective amendment or amendments thereto became or become effective. "Execution Time" shall mean the date and time that this Agreement is executed and delivered by the parties hereto. "Basic Prospectus" shall mean the form of basic prospectus relating to the Securities contained in the Registration Statement at the Effective Date. "Prospectus" shall mean the Basic Prospectus as supplemented by the Prospectus Supplement. "Registration Statement" shall mean the Registration Statement referred to in paragraph (a) above, including incorporated documents, exhibits and financial statements, as amended at the Execution Time. "Rule 415" and "Rule 424" refer to such rules under the Act. Any reference herein to the Registration Statement, the Basic Prospectus, the Prospectus Supplement or the Prospectus shall be deemed to refer to and include the documents incorporated by reference therein pursuant to Item 12 of Form S-3 which were filed under the Exchange Act on or before the Effective Date or the issue date of the Basic Prospectus, the Prospectus Supplement or the Prospectus, as the case may be; and any reference herein to the terms "amend", "amendment" or "supplement" with respect to the Registration Statement, the Basic Prospectus, the Prospectus Supplement or the Prospectus shall be deemed to refer to and include the filing of any document under the Exchange Act after the Effective Date or the issue date of the Basic Prospectus, the Prospectus Supplement or the Prospectus, as the case may be, deemed to be incorporated therein by reference.

  • Acquisition Date With respect to any REO Property, the first day on which such REO Property is considered to be acquired by the Trust Fund within the meaning of Treasury Regulations Section 1.856-6(b)(1), which is the first day on which the Trust Fund is treated as the owner of such REO Property for federal income tax purposes.

  • Increase Effective Date has the meaning specified in Section 2.14(d).

  • Replacement Revolving Facility Effective Date shall have the meaning assigned to such term in Section 2.21(l).

  • Accounting Restatement Determination Date means the earliest to occur of: (a) the date the Board, a committee of the Board, or one or more of the officers of the Company authorized to take such action if Board action is not required, concludes, or reasonably should have concluded, that the Company is required to prepare an Accounting Restatement; and (b) the date a court, regulator, or other legally authorized body directs the Company to prepare an Accounting Restatement.

  • Transfer Effective Date shall have the meaning set forth in each Commitment Transfer Supplement.

  • Replacement Date has the meaning set forth in Section 2.08(b).

  • IPO Effective Date means the date upon which the Securities and Exchange Commission declares the initial public offering of the Company's common stock as effective.

  • Restatement means an accounting restatement to correct the Company’s material noncompliance with any financial reporting requirement under securities laws, including restatements that correct an error in previously issued financial statements (a) that is material to the previously issued financial statements or (b) that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.

  • Restatement Effective Date has the meaning assigned to such term in the Amendment and Restatement Agreement.

  • Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.

  • Monthly Date means the last Business Day of each calendar month.

  • Programme Effective Date means 5 December 2017.

  • SEC Effective Date means the date the Registration Statement is declared effective by the Commission.

  • Investment Date means the date of the Investment Commitment Closing.

  • Formation Date has the meaning set forth in the Recitals hereof.

  • Quarterly Date means the last day of each March, June, September and December.

  • Release Effective Date means the date the Release becomes effective and irrevocable.

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Most Referenced Definitions