First Restatement definition

First Restatement shall have the meaning given to it in the recitals hereto;

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.

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”).

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.

• 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.

• 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, 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.

• Bank and Pacific Community Banking Group, a California corporation ("PCBG") entered into that certain First Restatement of Agreement and Plan of Reorganization dated as of January 5, 1999, as amended (the "Reorganization Agreement") whereby Bank will be acquired and become a wholly owned subsidiary of PCBG.

• Notwithstanding any other provisions hereof, engage at any time in any business or business activity other than any business or business activity conducted by the Borrower or any other Restricted Subsidiary on the First Restatement Effective Date and any similar, corollary, related, incidental or complementary businesses or business activities or a reasonable extension, development or expansion thereof or ancillary thereto.

• All accrued fees of the Administrative Agent, all fees owed to the Lenders, and all reasonable, documented and invoiced out-of-pocket expenses required to be paid by the Borrower to the Lenders, the Lead Arrangers and the Agents on or before the First Restatement Effective Date (to the extent invoiced at least one Business Day prior to the First Restatement Effective Date except as otherwise agreed by the Borrower) shall have been paid to the extent due and payable.

• During the period from September 30, 2016 to and including the First Restatement Effective Date there has been no disposition by Holdings or any Restricted Subsidiary of any material part of its business or property.

• The Borrower shall have no obligation to pay any annual fee to any successor that is greater than or in addition to the annual fees payable to the Administrative Agent as in effect on the First Restatement Effective Date.

• As of the First Restatement Effective Date, none of Holdings nor any Restricted Subsidiary has any material Guarantee obligations, known contingent liabilities and liabilities for taxes, or any long term leases or unusual forward or long term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the most recent financial statements referred to in this paragraph.

More Definitions of First Restatement

First Restatement shall have the meaning set forth in the preamble hereto.

First Restatement shall have the meaning provided in the Recitals to this Agreement.

First Restatement has the meaning set forth in the first paragraph of this Agreement.

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.

First Restatement has the meaning assigned to that term in the Recitals to this Agreement.