Examples of First Refinancing Facility Agreement Effective Date in a sentence
Holdings and its subsidiaries, taken as a whole, do not, and will not, have unreasonably small capital with which to conduct the business in which they are engaged, as such business is conducted at the time of and is proposed to be conducted following the First Refinancing Facility Agreement Effective Date.
To request a Revolving Borrowing or Term Borrowing after the First Refinancing Facility Agreement Effective Date, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the day of the proposed Borrowing.
As of the First Refinancing Facility Agreement Effective Date, each Domestic Subsidiary is a Loan Party.
Accrued commitment fees in respect of the Revolving Commitments shall be payable in arrears on the third Business Day following the last day of March, June, September and December of each year and on the date on which the Revolving Commitments terminate, commencing on the first such date to occur after the First Refinancing Facility Agreement Effective Date.
For purposes of determining withholding Taxes imposed under FATCA, from and after the First Refinancing Facility Agreement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) this Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Each Letter of Credit outstanding on the First Refinancing Facility Agreement Effective Date shall be deemed, for all purposes of this Agreement (including paragraphs (d) and (f) of this Section), to be a Letter of Credit issued hereunder for the account of the Borrower.
Schedule 3.12 to the Disclosure Letter sets forth a description of all insurance maintained by or on behalf of Holdings, the Borrower and the Subsidiaries as of the First Refinancing Facility Agreement Effective Date.
As of the First Refinancing Facility Agreement Effective Date, each patent, trademark, copyright, license, technology, software, Domain Name, or other Intellectual Property that, individually or in the aggregate, is material to the business of Holdings, the Borrower and the other Subsidiaries is owned or licensed, as the case may be, by Holdings, the Borrower, a Designated Subsidiary or a Foreign Subsidiary.