Examples of First Amendment Lead Arranger in a sentence
The terms and provisions of Sections 9.08 and 10.16 are incorporated herein by reference as if set forth herein in their entirety and shall apply to this Amendment for the benefit of the First Amendment Leader Arranger, mutatis mutandis (as though references therein to the Arrangers in such Sections were to the First Amendment Lead Arranger).
The First Amendment Lead Arranger shall have received an opinion or opinions of counsel for the Loan Parties, dated the First Amendment Effective Date and addressed to the Administrative Agent and the Lenders which shall be in form and substance satisfactory to the First Amendment Lead Arranger.
The Borrower shall have received gross proceeds from the Mezzanine Notes of not less than $65 million on terms and conditions consistent with those set forth on Exhibit D to this Amendment and otherwise on terms and conditions satisfactory to the First Amendment Lead Arranger in its reasonable discretion.
The Codman Acquisition shall have been consummated in accordance with the terms of the Codman Acquisition Documents (as in effect on the First Amendment Closing Date without any material modification, amendment or supplement thereto without the prior written consent of the First Amendment Lead Arranger or waiver of any conditions precedent to the obligations of any party thereto).
The First Amendment Lead Arranger will have received certificates of good standing, existence or its equivalent with respect to each Loan Party certified as of a recent date by the appropriate Governmental Authorities of the state of incorporation or organization to the extent such good standing certificates were not delivered to the Administrative Agent and the First Amendment Lead Arranger on the First Amendment Closing Date.
The Company hereby agrees to reimburse each of the Administrative Agent and the First Amendment Lead Arranger for its reasonable and documented out-of-pocket expenses in connection with this First Amendment in accordance with Section 10.04 of the Credit Agreement (with respect to the First Amendment Lead Arranger, as though references in such Section to the Arranger in such Section were to the First Amendment Lead Arranger, mutatis mutandis).
The Administrative Agent and the First Amendment Lead Arranger shall have received an opinion or opinions of counsel for the Loan Parties, dated the First Amendment Closing Date and addressed to the Administrative Agent and the Lenders which shall be in form and substance satisfactory to the Administrative Agent and the First Amendment Lead Arranger.
The First Amendment Lead Arranger shall have received fully executed copies of a subordination agreement, with terms and conditions consistent with those set forth on Exhibit D (which terms and conditions are hereby approved by the Required Lenders) to this Amendment and otherwise on terms and conditions satisfactory to the First Amendment Lead Arranger in its reasonable discretion, by and among the Administrative Agent, the providers of the Mezzanine Notes and the Loan Parties.
The Borrower agrees to pay all reasonable costs and expenses of the Administrative Agent and the First Amendment Lead Arranger in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of the Administrative Agent’s and the First Amendment Lead Arranger’s legal counsel.
The Administrative Agent and the First Amendment Lead Arranger shall have received a copy of this Amendment duly executed by each of the Loan Parties, the Required Lenders and the Administrative Agent.