Fourth Amendment and Restatement Effective Date definition

Fourth Amendment and Restatement Effective Date. June 16, 2009, being the date that the conditions precedent set forth in Section 3.6 have been fulfilled to the satisfaction of the Administrative Agent.

Fourth Amendment and Restatement Effective Date means May 17, 2021.

Fourth Amendment and Restatement Effective Date has the meaning specified in the Fourth Amendment and Restatement Agreement.

Examples of Fourth Amendment and Restatement Effective Date in a sentence

• Permit the Minimum Cash as of the end of any fiscal quarter ending after the Fourth Amendment and Restatement Effective Date to be less than the Minimum Amount.

• The principles of Best Value are: • Challenge - why, how and by whom an activity is carried out; • Compare - performance against other schools and between parts of each school; • Consult - involving stakeholders, especially students and parents; • Compete - as a means of securing efficient and effective services.

• Not later than 10:00 a.m., New York City time, and 10:00 a.m. London time in case of Euro Term Loans on the Fourth Amendment and Restatement Effective Date each Euro Term Lender and USD Term Lender shall make available to the Administrative Agent at the applicable Funding Office an amount in immediately available funds equal to the Term Loan or Term Loans to be made by such Lender.

• Each Series A Revolving Credit Commitment outstanding under (and as defined in) the Third Amended and Restated Credit Agreement immediately prior to the Fourth Amendment and Restatement Effective Date that is held by a Person that shall sign this Agreement as a “Series A Revolving Credit Lender” shall continue to be outstanding under this Agreement from and after the Fourth Amendment and Restatement Effective Date as a Series A Revolving Credit Commitment.

• Within sixty (60) days after the Fourth Amendment and Restatement Effective Date (or such later date as the Administrative Agent agrees in its sole discretion), the Loan Parties shall deliver to the Administrative Agent a Control Agreement with respect to each Deposit Account and each Securities Account of a Loan Party, in each case, other than Excluded Accounts.

• In addition, the Corporation had commitments to enter into forward-dated repurchase and securities lending agreements of $58.9 billion.

• With respect to Borrower and its Subsidiaries, engage (directly or indirectly) in any business other than those businesses in which each of Borrower and its Subsidiaries, respectively, is engaged on the Fourth Amendment and Restatement Effective Date (or which are substantially related thereto or are reasonable extensions thereof).

• Substantially concurrently with the funding of the Initial Term A Loans, the Borrower shall have prepaid all outstanding 2023 Term Loans and all Revolving Credit Loans outstanding on the Fourth Amendment and Restatement Effective Date, and, in each case, all accrued and unpaid interest thereon.

• The designation of any Subsidiary as an Unrestricted Subsidiary after the Fourth Amendment and Restatement Effective Date shall constitute an Investment by the Borrower therein at the date of designation in an amount equal to the fair market value as determined in good faith by the Borrower of the Borrower’s or its Subsidiary’s (as applicable) Investment therein.

• We may need to consider having a fund raiser to pay for a hunting party to take out Mother Nature and Punxsutawney Phil.

More Definitions of Fourth Amendment and Restatement Effective Date

Fourth Amendment and Restatement Effective Date shall have the meaning assigned to such term in Section 4.04.

Fourth Amendment and Restatement Effective Date means the Business Day on which the first Loan shall be made, which shall be August 2, 2023. GAAP shall mean generally accepted accounting principles as are in effect from time to time, subject to the provisions of Section 1.3 [Accounting Principles; Changes in GAAP], and applied on a consistent basis both as to classification of items and amounts. Guarantor shall mean each of the Restricted Subsidiaries and each other Person which joins this Agreement as a Guarantor after the date hereof. Guarantor Joinder shall mean a joinder by a Person as a Guarantor under the Loan Documents in the form of Exhibit 1.1(G)(1). Guaranty of any Person shall mean any obligation of such Person guaranteeing or in effect guaranteeing any liability or obligation of any other Person in any manner, whether directly or indirectly, including any agreement to indemnify or hold harmless any other Person, any performance bond or other suretyship arrangement and any other form of assurance against loss, except endorsement of negotiable or other instruments for deposit or collection in the ordinary course of business. Guaranty Agreement shall mean the Continuing Agreement of Guaranty and Suretyship in substantially the form of Exhibit 1.1(G)(2) executed and delivered by each of the Guarantors to the Administrative Agent for the benefit of the Lenders. Hallador Sands shall mean Hallador Sands, LLC, a Delaware limited liability company, and any successor or assign. Hedge Liabilities shall mean the Interest Rate Hedge Liabilities. High Point shall mean High Point Land Holdings, LLC, a Delaware limited liability company. Hourglass Sands shall mean Hourglass Sands, LLC, a Delaware limited liability company. Indebtedness shall mean, as to any Person at any time, any and all indebtedness, obligations or liabilities (whether matured or unmatured, liquidated or unliquidated, direct or indirect, absolute or contingent, or joint or several) of such Person for or in respect of: (i) borrowed money, (ii) amounts raised under or liabilities in respect of any note purchase or acceptance credit facility, (iii) reimbursement obligations (contingent or otherwise) under any letter of credit agreement, (iv) obligations under any currency swap agreement, interest rate swap, cap, collar or floor agreement or other interest rate management device, (v) any other transaction (including forward sale or purchase agreements, capitalized leases and conditional sales agreements) having the commercial effect of a borr...

Fourth Amendment and Restatement Effective Date means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 10.02).

Fourth Amendment and Restatement Effective Date means February 14, 2020, the first date on which all conditions precedent in Section “Fourth Amendment and Restatement Effective Date Representation” means the representation and warranty of the Borrower and each Guarantor that at the time of and after giving effect to this Agreement on the Fourth Amendment and Restatement Effective Date, no Default or Event of Default has occurred or is continuing.