Fifth Restatement Date definition

Fifth Restatement Date means June 8, 2012.
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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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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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Examples of Fifth Restatement Date in a sentence

  • 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.

  • Schedule 4.14 sets forth the name of, the ownership interest of the applicable Loan Party in, the jurisdiction of incorporation or organization of and the type of each Subsidiary of the Borrower and the other Loan Parties and identifies each Subsidiary that is a Subsidiary Loan Party or Foreign Subsidiary in each case as of the Fifth Restatement Date.

  • The sum of the aggregate Incremental Commitments of the Increasing Lenders and the Additional Lenders provided after the Fifth Restatement Date shall not in the aggregate exceed the Incremental Commitment Amount.

  • Each of the representations and warranties contained in clause 5.1 of this Deed shall be deemed to be repeated by the Obligors on the Fifth Restatement Date as if made with reference to the facts and circumstances existing on such day.

  • 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 Borrower has disclosed to the Lenders all agreements, instruments, and corporate or other restrictions to which the Borrower or any of its Subsidiaries is subject, as of the Fifth Restatement Date that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • As of the Fifth Restatement Date, the Borrower is not a party to any Subordinated Debt Documents.

  • 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.

  • 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 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.


More Definitions of Fifth Restatement Date

Fifth Restatement Date means October 19, 2018.
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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 on which the Service and User Account (hereinafter defined) are activated for the Customer by TM as more particularly described in Clause 3.2 hereunder.

  • 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 means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 9.02).

  • 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 Business Day of March, June, September and December in each year, the first of which shall be the first such day after the date hereof.

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