Examples of Fourth Amendment Funding Date in a sentence
The Disbursing Agent and the Lenders shall have received a certificate of Holdings, dated the applicable Fourth Amendment Funding Date, confirming satisfaction of the conditions set forth in Section 4.03(d) and Section 4.03(e).
Each Lender’s Fourth Amendment Commitment shall terminate immediately and without further action on the earliest of (i) the last day of the Fourth Amendment Availability Period, (ii) the applicable Fourth Amendment Funding Date on which the entire Fourth Amendment Commitments have been funded and (iii) the date that the Fourth Amendment Commitments are terminated in accordance with Section 7.02.
The Disbursing Agent and the Lenders shall have received a funds flow memorandum and duly executed letter of direction from the Borrower (which may be included as part of the Borrowing Notice) addressed to the Disbursing Agent, on behalf of itself and the Lenders, directing the disbursement on the applicable Fourth Amendment Funding Date of the proceeds of the Fourth Amendment Loans made on such date.
Moreover, the Borrower and the Lenders agree and acknowledge that each Fourth Amendment Loan made on a Fourth Amendment Funding Date and the associated Fourth Amendment Warrant comprise an “investment unit” within the meaning of Treasury Regulations Section 1.1273-2(h), and that the fair market value of each Fourth Amendment Warrant shall be determined immediately prior to the borrowing of Fourth Amendment Loans on the applicable Fourth Amendment Funding Date.
Each Lender that has requested a Note at least two Business Days prior to the applicable Fourth Amendment Funding Date shall have received a Note evidencing the Fourth Amendment Loans made by it on the applicable Fourth Amendment Funding Date, executed and delivered by the Borrower in favor of such Lender.
Delivery of an executed counterpart of this Amendment following the Fourth Amendment Effective Date but on or prior to the Fourth Amendment Funding Date shall be equally as effective as delivery of an executed counterpart of this Amendment as of the Fourth Amendment Effective Date.