Fifth Restatement Date definition

Fifth Restatement Date means June 8, 2012.

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Fifth Restatement Date means October 19, 2018.

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

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.

• 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.

• 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 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.

• 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 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.

• 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.

• 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.

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

• 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 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;