First Restatement definition

First Restatement shall have the meaning given to it in the recitals hereto;
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First Restatement shall refer to the First Amended and Restated Credit Agreement dated as of May 19, 2004 between the Borrower, the Subsidiary Guarantors, each of the lenders listed on the signature pages thereto under the heading "REVOLVING CREDIT LENDERS", each of the lenders that becomes a party thereto as a Tranche C Term Loan Lender pursuant to a Lender Addendum in the form of Schedule I thereto, and the Administrative Agent.
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First Restatement or “Lease”) is made and entered into by and between THE CITY OF SAN XXXX, a municipal corporation of the State of California (hereinafter “Landlord” or “City”), and GUGGENHEIM ENTERTAINMENT, INC. a California corporation (“Tenant”), and is effective as of October 18, 2021 (“Effective Date”).
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Examples of First Restatement in a sentence

  • The obligations of (a) the Lenders (including the Swing Line Lender) to make Loans and (b) Issuing Bank to issue Letters of Credit on the Original Closing Date, the First Restatement Date and the Second Restatement Date was subject to the satisfaction of all of the conditions precedent set forth in Section 3.1 of the Original Credit Agreement, the First Amended and Restated Credit Agreement, and the Second Amended and Restated Credit Agreement, respectively.

  • The Tranche B Term Loans made on the First Restatement Effective Date were ABR Loans or Eurodollar Loans as the Borrower shall have elected in a notice delivered to the Administrative Agent not later than 11:00 a.m. New York City time, three Business Days prior to the First Restatement Effective Date.

  • The Tranche B Term Commitments outstanding on the First Restatement Effective Date expired at 5:00 p.m. New York City time on the First Restatement Effective Date, and amounts paid or prepaid in respect of Tranche B Term Loans may not be reborrowed.

  • As of the First Restatement Effective Date, the Loan Parties own in fee all the Real Property set forth as being owned by them on Schedule 3.18.

  • On the First Restatement Effective Date, all Existing Swingline Loans shall be deemed to be repaid (other than for purposes of Section 2.16 of the Existing Revolving Credit Agreement) and reborrowed as Swingline Loans by the applicable Borrower Party.

  • The Commitment Fee due to each Lender shall commence to accrue on the First Restatement Effective Date and shall cease to accrue on the date on which the last of the Commitments of such Lender shall be terminated as provided herein.

  • On the First Restatement Effective Date, Lead Borrower shall have delivered to the Administrative Agent a certificate of a Responsible Officer of Lead Borrower certifying as to the satisfaction of the conditions in Section 6.07.

  • On the First Restatement Effective Date, the Administrative Agent shall have received an opinion addressed to the Administrative Agent and each of the Lenders and dated the First Restatement Effective Date in form and substance reasonably satisfactory to the Administrative Agent from each of (i) DLA Piper LLP (US), special counsel to the Credit Parties and (ii) Xxxxxx Xxxx Xxxxxx Xxxxxxxxxx, Kansas counsel to the Credit Parties.

  • Schedule 8.14 correctly sets forth, as of the First Restatement Effective Date and after giving effect to the Transaction, the percentage ownership (direct and indirect) of Lead Borrower in each class of capital stock of each of its Subsidiaries and also identifies the direct owner thereof.

  • Schedule 5.02 sets forth a true, complete and correct description of all material insurance maintained by or on behalf of Holdings, the Borrower Parties or the other Loan Parties as of the First Restatement Effective Date.


More Definitions of First Restatement

First Restatement has the meaning set forth in the first paragraph of this Agreement.
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First Restatement has the meaning assigned to that term in the Recitals to this Agreement.
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First Restatement shall have the meaning set forth in the preamble hereto.
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First Restatement shall have the meaning provided in the Recitals.
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First Restatement shall have the meaning provided in the Recitals to this Agreement.
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First Restatement has the meaning assigned in Section 5.3(a). ----------------- Fiscal Year: the taxable year for Federal income tax purposes determined ----------- under Section 706 of the Code and the ax Regulations promulgated thereunder. Flip Points: collectively, the First Flip Point and the Second Flip Point. ----------- Each of the First Flip Point and the Second Flip Point is referred to as a Flip Point. Gain or Loss on Disposition: the gain or loss for Federal income tax --------------------------- purposes, arising from a sale, exchange or other taxable disposition of the Project, or any material portion thereof (excluding, however, any gain or loss from sales of services or property in the ordinary course of the business of the Partnership), Gas Sales Contract: the Restated Gas Sale and purchase Agreement-dated as ------------------ of March 18, 1991 between the partnership and Noranda Inc., as from time to time amended and in force.
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Related to First Restatement

  • First Restatement Effective Date means the “Restatement Effective Date” as defined in the First Amendment Agreement.

  • Second Restatement Effective Date has the meaning specified in the Second Amendment Agreement.

  • Financial Restatement means a restatement of the Company’s financial statements due to the Company’s material noncompliance with any financial reporting requirement under U.S. federal securities laws that is required in order to correct:

  • 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.

  • Second Restatement Date means October 20, 2011.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.

  • Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.

  • Business Combination Agreement shall have the meaning given in the Recitals hereto.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • 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).

  • Partnership Change of Control means Tesoro Corporation ceases to Control the General Partner.

  • Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.

  • Reorganization Agreement has the meaning set forth in the recitals.

  • Exchange Agreement has the meaning set forth in the Recitals.

  • IPO means the Company’s first underwritten public offering of its Common Stock under the Securities Act.

  • Support Agreement has the meaning set forth in the Recitals.

  • Listing Agreement means an agreement that is to be entered into between a recognised stock exchange and the Company pursuant to Securities and Exchange Board (Listing Obligations and Disclosure Requirements), 2015

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Reorganization Plan means a plan of reorganization in any of the Cases.

  • Technology Transfer Agreement has the meaning given in Section 2.2(a).

  • Amendment Effective Date has the meaning set forth in the Amendment Agreement.

  • Plan of Merger has the meaning set forth in Section 2.2.

  • Accounting Restatement means an accounting restatement that the Company is required to prepare due to the material noncompliance of the Company with any financial reporting requirement under the securities laws, including any required accounting restatement to correct an error in previously issued financial statements that is material to the previously issued financial statements, or that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.

  • Alternative Acquisition Agreement has the meaning set forth in Section 5.3(d).

  • Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.

  • Public Acquirer Change of Control means any event constituting a Fundamental Change that would otherwise give Holders the right to cause the Company to repurchase the Securities under Section 3.9 where either (a) the acquirer or (b) if not the acquirer, a direct or indirect majority-owned Subsidiary of the acquirer or (c) if not the acquirer or any direct or indirect majority-owned Subsidiary of the acquirer, a corporation by which the acquirer is majority-owned has a class of common stock (or American Depository Shares representing such common stock) traded on a U.S. national securities exchange or quoted on the NASDAQ Global Select Market or which will be so traded or quoted when issued or exchanged in connection with such Fundamental Change.