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 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.

Examples of Fourth Amendment and Restatement Effective Date in a sentence

• The aggregate principal amount of each Initial Term A Loan Lender’s Initial Term A Loan as of the Fourth Amendment and Restatement Effective Date is listed on Schedule 1.1(B) opposite such Initial Term A Loan Lender’s name.

• The Incremental Term Loans (A) shall rank pari passu in right of payment and of security with the Initial Term A Loans incurred on the Fourth Amendment and Restatement Effective Date, (B) shall not mature earlier than the Initial Term A Loans, and (C) shall not have a shorter Weighted Average Life to Maturity than the Initial Term A Loans.

• Subject to the terms and conditions hereof, and relying upon the representations and warranties herein set forth, each Initial Term A Loan Lender severally agrees to make a term loan (the “Initial Term A Loan”) to the Borrower on the Fourth Amendment and Restatement Effective Date in such principal amount as the Borrower shall request up to, but not exceeding such Initial Term A Loan Lender’s Initial Term A Loan Commitment.

• The Obligation of the Borrower to repay the aggregate unpaid principal amount of the Revolving Credit Loans and Swing Loans made to it by each Revolving Lender, together with interest thereon, shall be evidenced by a revolving credit Note and a swing Note, dated the Fourth Amendment and Restatement Effective Date payable to the order of such Revolving Lender in a face amount equal to the Revolving Credit Commitment or Swing Loan Commitment, as applicable, of such Revolving Lender.

• No Loan Party shall engage in any business other than a business that the Loan Parties are engaged in as of the Fourth Amendment and Restatement Effective Date and reasonable extensions thereof, and such Loan Party shall not permit any material change in such business.

• After giving effect to the transactions contemplated by the Loan Documents on the Fourth Amendment and Restatement Effective Date, including all Indebtedness incurred thereby, the Liens granted each such Loan Party in connection therewith and the payment of all fees related thereto, each such Loan Party will be Solvent, determined as of the Fourth Amendment and Restatement Effective Date.

• On the Fourth Amendment and Restatement Effective Date, the outstanding letters of credit previously issued by any Lender under the 2018 Credit Agreement that are set forth on Schedule 2.9 (the “Existing Letters of Credit”) will automatically, without any action on the part of any Person, be deemed to be Letters of Credit issued hereunder for the account of the Borrower for all purposes of this Agreement and the other Loan Documents.

• The Lenders shall have no obligation to make Initial Term A Loans hereunder after the Fourth Amendment and Restatement Effective Date.

• On the Fourth Amendment and Restatement Effective Date, after giving effect to the Transactions, the Borrower and its Restricted Subsidiaries, on a consolidated basis, are Solvent.

• No Default or Event of Default shall have occurred and be continuing on the Fourth Amendment and Restatement Effective Date.

More Definitions of Fourth Amendment and Restatement Effective Date

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

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 shall have the meaning assigned to such term in Section 4.04.

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.