First Restatement definition

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

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedBook a Demo

First Restatement shall refer to the First Amended and Restated Credit Agreement dated as of June 25, 2004 between the Borrower, the Subsidiary Guarantors, each of the Revolving Lenders party thereto, each of the lenders that becomes a party thereto as a Tranche A Term Loan Lender or Tranche C Term Loan Lender pursuant to a Lender Addendum in the form of Annex A thereto, and the Administrative Agent.

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.

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 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.

• 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.

• 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.

• As of the First Restatement Effective Date, the information included in the Beneficial Ownership Certification, if applicable, is true and correct in all respects.

• The obligation of each Lender to make Term Loans after the First Restatement Effective Date shall be subject to the satisfaction or waiver of the conditions set forth in Section 2.15 or Section 2.18, as applicable.

• On the First Restatement Effective Date, Holdings, the Borrowers and the other Subsidiaries of Lead Borrower party thereto shall have executed and delivered to the Administrative Agent executed copies of the Unsecured Notes Indenture.

• On and as of the First Restatement Effective Date and after giving effect to the consummation of the Transaction, Lead Borrower has no Subsidiaries other than those Subsidiaries listed on Schedule 8.14.

• 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.

• Prior to the making of the Initial Term Loan on the First Restatement Effective Date, the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 2.03.

More Definitions of First Restatement

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

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

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

First Restatement or “Lease”) is made and entered into by and between THE CITY OF SAN ▇▇▇▇, 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”).

First Restatement shall have the meaning provided in the Recitals.

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