Examples of Fourth Amendment Loan in a sentence
Effective February 7, 2017, we signed a Fourth Amendment Loan Agreement with the Bank which modified certain debt covenant calculations and waived an existing default that occurred in the fourth quarter of fiscal year 2017.
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.
The sum of the discount specified in the foregoing clause (B) and the fair market value of the Fourth Amendment Warrants will be treated as original issue discount on the Fourth Amendment Loan for U.S. federal income tax purposes and will reduce the issue price of the Fourth Amendment Loan.
The execution, delivery and performance by Borrower of this Amendment and the other Fourth Amendment Loan Documents and the consummation of the other transactions contemplated hereby and thereby have been duly and validly authorized by all necessary action on the part of Borrower.
The The Fourth Amendment Commitments of the Lenders to make the Fourth Amendment Loan on the Fourth Amendment Effective Date shall expire concurrently with the making of the Fourth Amendment Loanhas expired on the Fourth Amendment Effective Date.
Borrower shall have obtained or made all Consents required to be obtained from all Governmental Authorities and other Persons (including the amendment referred to in Section 2(b)(i) above) in connection with the execution, delivery and performance of this Amendment and the other Fourth Amendment Loan Documents, and Lender shall have approved the terms and conditions thereof.
The consummation of the transactions contemplated by this Amendment and the other Fourth Amendment Loan Documents shall not be prohibited by or violate any Applicable Laws and shall not subject any party to any Tax, penalty or liability, under or pursuant to any Applicable Laws.
Subject to the limitations set forth herein, Borrower may borrow, repay, and reborrow Fourth Amendment Loan Outstandings and Post-Fourth Amendment Advances under each Lender’s Commitment without premium or penalty.
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This Amendment has been, and as of the Fourth Amendment Effective Date each of the other Fourth Amendment Loan Documents will be, duly executed and delivered by Borrower.