Examples of Fourth ARCA in a sentence
The Original Credit Agreement has been amended and restated in the form of the First ARCA, the Second ARCA, the Third ARCA, the Fourth ARCA and the Fifth ARCA (such terms and other capitalized terms used in these preliminary statements being defined in Section 1.01 hereof).
Debt (continued)(c) Senior Secured Credit FacilityOn October 15, 2021, the Company executed a $250 million amended and restated fourth senior secured credit facility (the "Fourth ARCA") with an option to increase the available credit by $100 million through the accordion feature, and with a maturity date of October 15, 2025.
The Fourth ARCA replaced a $450 million amended and restated senior secured credit facility (the "third amended and restated credit agreement" or "TARCA").The Fourth ARCA contains covenants that restrict, among other things, the ability of the Company to incur additional unsecured indebtedness except in compliance with certain conditions, incur certain lease obligations, make distributions in certain circumstances, or sell material assets.
As of the Fourth ARCA Effective Date, there are no representation proceedings pending or, to the knowledge of the Borrower or any Subsidiary, threatened with the National Mediation Board, and no labor organization or group of employees of the Borrower or any Subsidiary has made a pending demand for recognition, except those that, in the aggregate, would not reasonably be expected to have a Material Adverse Effect.
All outstanding Tranche B-2 Term Loans outstanding under the Third ARCA on the Fourth ARCA Effective Date shall remain outstanding hereunder on the terms set forth herein.
All Revolving Loans and Letters of Credit outstanding under the Third ARCA on the Fourth ARCA Effective Date shall remain outstanding hereunder on the terms set forth herein (except to the extent repaid on the Fourth ARCA Effective Date with proceeds of Tranche A-4 Term Loans and Tranche B-3 Term Loans).
As of the Fourth ARCA Effective Date, the Tax Sharing Agreement (as defined in the Merger Agreement) is the only agreement among the Loan Parties regarding tax sharing, tax reimbursement or tax indemnification.
Schedule 3.12 sets forth the name of, and the ownership interest of the Borrower in, each of its Subsidiaries and identifies each Subsidiary that is a Guarantor, in each case as of the Fourth ARCA Effective Date.
All outstanding Tranche A-2 Term Loans outstanding under the Third ARCA on the Fourth ARCA Effective Date shall remain outstanding hereunder on the terms set forth herein.
As of the Fourth ARCA Effective Date, there is no organizing activity involving the Borrower or any Subsidiary pending or, to the knowledge of the Borrower or any Subsidiary, threatened by any labor union or group of employees, except those that, in the aggregate, would not reasonably be expected to have a Material Adverse Effect.