First Amendment and Restatement Date definition

First Amendment and Restatement Date means 20 December 2013;

First Amendment and Restatement Date is defined in the preamble to this Agreement.

First Amendment and Restatement Date means 10 March 2009.

Examples of First Amendment and Restatement Date in a sentence

• Each Equipment Advance shall amortise and be payable in 36 equal payments of principal beginning on the first Business Day of the first calendar month falling twelve months after the First Amendment and Restatement Date and continuing on the first Business Day of each calendar month thereafter.

• The Loan Parties shall be responsible for the costs and expenses of one (1) Inventory appraisal during any 12-month period (in addition to the appraisals conducted prior to the First Amendment and Restatement Date of the Inventory of the HF Group).

• Each depositary account of any Loan Party that is located at any bank other than JPMCB shall be closed no later than 90 days after the First Amendment and Restatement Date (or such later date as the Administrative Agent shall agree in its sole discretion).

• Bank shall make one (1) term loan available to Borrower in an amount not exceeding the Tranche 1 Term Loan Amount in Sterling, within 10 Business Days of the First Amendment and Restatement Date, subject to the satisfaction of the terms and conditions of this Agreement.

• This Senior Secured Note (this “Note”) is one of the “Notes” issued under the Facility Agreement, was originally issued on May 11, 2016, was amended and restated on the First Amendment and Restatement Date, was amended on the Third Amendment Date, was amended and restated on the Second Amendment and Restatement Date, and is again amended and restated as of the Sixth Amendment Effective Date.

More Definitions of First Amendment and Restatement Date

First Amendment and Restatement Date means May 14, 2004.

First Amendment and Restatement Date shall have the meaning set forth in the Recitals.

First Amendment and Restatement Date means November 8, 2018.

First Amendment and Restatement Date means November 4, 2019. "Fixed Charge Coverage Ratio" means the ratio, determined as of the end of each fiscal quarter of HF Foods for the four fiscal quarter period then ended (or, solely with respect to the fiscal quarter ending September 30, 2019, the three fiscal quarter period then ended), of (a) EBITDA minus Unfinanced Capital Expenditures to (b) Fixed Charges, all calculated for HF Foods and its Subsidiaries on a consolidated basis in accordance with GAAP. It is agreed and understood by the parties hereto that the Fixed Charge Coverage Ratio shall be calculated on a pro forma basis as if the HF Merger had occurred on January 1, 2019. It is further agreed and understood by the parties hereto that, for purposes of calculating the Fixed Charge Coverage Ratio for any applicable period, such calculation shall exclude the Fixed Charges of any Person accrued prior to the date it becomes a Subsidiary or is merged into or consolidated with HF Foods or any of its Subsidiaries. "Fixed Charges" means, for any period, without duplication, cash Interest Expense, plus prepayments and scheduled principal payments on Indebtedness made during such period, plus expenses for taxes paid in cash, plus Restricted Payments paid in cash, plus Capital Lease Obligation payments, plus cash contributions to any Plan, plus scheduled reductions in the Special Advance Amount, all calculated for HF Foods and its Subsidiaries on a consolidated basis in accordance with GAAP. It is agreed and understood by the parties hereto that, for purposes of calculating the Fixed Charge Coverage Ratio for any applicable period, Fixed Charges shall be determined on a pro forma basis as if the HF Merger had occurred on January 1, 2019. It is further agreed and understood by the parties hereto that, for purposes of calculating the Fixed Charge Coverage Ratio for any applicable period, such calculation shall exclude the Fixed Charges of any Person accrued prior to the date it becomes a Subsidiary or is merged into or consolidated with HF Foods or any of its Subsidiaries. "Fixtures" has the meaning assigned to such term in the Security Agreement. "Flood Laws" has the meaning assigned to such term in Section 8.10.

First Amendment and Restatement Date. July 10, 2015.

First Amendment and Restatement Date shall have the meaning set forth in the Recitals. “Fiscal Quarter” shall mean any fiscal quarter of Ensign. “Fiscal Year” shall mean any fiscal year of Ensign. “Floor” shall mean a rate of interest equal to 0.00%. “Foreign Person” shall mean any Person that is not a U.S. Person. “Foreign Subsidiary” shall mean each Subsidiary of the Borrower that is organized under the laws of a jurisdiction other than one of the fifty states of the United States or the District of Columbia. “GAAP” shall mean generally accepted accounting principles in the United States applied on a consistent basis and subject to the terms of Section 1.3. “Governmental Authority” shall mean the government of the United States, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government. “Governmental Authority” shall include any agency, branch or other governmental body charged with the responsibility, or vested with the authority to administer or enforce, any Health Care Laws, including any Medicare or Medicaid contractors, intermediaries or carriers. “Governmental Payor” shall mean Medicare, Medicaid, TRICARE, CHAMPVA, any state health plan adopted pursuant to Title XIX of the Social Security Act, any other state or federal health care program and any other Governmental Authority which presently or in the future maintains a Third Party Payor Program. “Guarantee” of or by any Person (the “guarantor”) shall mean any obligation, contingent or otherwise, of the guarantor guaranteeing or having the economic effect of guaranteeing any Indebtedness of any other Person (the “primary obligor”) in any manner, whether directly or indirectly and including any obligation, direct or indirect, of the guarantor (i) to purchase or pay (or advance or supply funds for the purchase or payment of) such Indebtedness or to purchase (or to advance or supply funds for the purchase of) any security for the payment thereof, (ii) to purchase or lease property, securities or services for the purpose of assuring the owner of such Indebtedness of the payment thereof, (iii) to maintain working capital, equity capital or any other financial statement condition or liquidity of the primary obligor so as to enable the primary obligor to pay such Indebtedness or (iv) as an accou...

First Amendment and Restatement Date means the "Effective Date" under (and as defined in) the First Amendment and Restatement Agreement.