Fourth Restatement Date definition

Fourth Restatement Date has the meaning set out in the Sixth Supplemental Deed.

Fourth Restatement Date means the date on which the conditions precedent set out in Clause 3.1 are fulfilled to the satisfaction of the Agent or waived by the Agent pursuant to Clause 3.2;

Fourth Restatement Date means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 9.02).

Examples of Fourth Restatement Date in a sentence

• Accrued commitment fees shall be payable quarterly in arrears on the first day of each April, July, October and January and on the date on which the Revolving Commitments terminate, commencing on the first such date to occur after the Fourth Restatement Date.

• Schedule 3.14 sets forth a description of all insurance maintained by or on behalf of the Loan Parties and the Subsidiaries as of the Fourth Restatement Date.

• Each of the representations and warranties set forth above in this Article III shall be deemed to be made by the Loan Parties on the Fourth Restatement Date, on the date of each Borrowing and each issuance, amendment, renewal or extension of any Letter of Credit and at any other time specified in any Loan Document or other document, certificate or instrument delivered in connection with any Loan Document.

• The Lenders and the Administrative Agent shall have received all fees required to be paid pursuant to the Commitment Letter and the Fee Letter, and all reasonable expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel and expenses relating to any field examination, collateral audit, or appraisal), at least two Business Days before the Fourth Restatement Date.

• The Anixter Acquisition shall have been consummated or will be consummated substantially concurrently with the Borrowings made on the Fourth Restatement Date.

More Definitions of Fourth Restatement Date

Fourth Restatement Date means the first date all the conditions precedent in Section 4.01 were satisfied or waived in accordance with Section 10.01.

Fourth Restatement Date means the date on or before April 25, 2000 on which the conditions to effectiveness set forth in subsection 3.1 are satisfied and the Existing Aircraft Extended Loans are deemed made.

Fourth Restatement Date means the first date all the conditions precedent in Section 4.01 are satisfied or waived in accordance with Section 10.01 . “ FRB ” means the Board of Governors of the Federal Reserve System of the United States.

Fourth Restatement Date means the first date all the conditions precedent in Section 4.01 are satisfied or waived in accordance with Section 10.01.

Fourth Restatement Date means June 27, 2018. “GAAP” means generally accepted accounting principles in the United States which are in effect on April 4, 2012. At any time, the Borrower may elect to apply International Financial Reporting Standards (“IFRS”) accounting principles in lieu of GAAP for purposes of calculations hereunder and, upon any such election, references herein to GAAP shall thereafter be construed to mean IFRS (except as otherwise provided in this Agreement); provided that any calculation or determination in this Agreement that requires the application of GAAP for periods

Fourth Restatement Date means June 27, 2018. “GAAP” means generally accepted accounting principles in the United States which are in effect on April 4, 2012. At any time, the Borrower may elect to apply International Financial Reporting Standards (“IFRS”) accounting principles in lieu of GAAP for purposes of calculations hereunder and, upon any such election, references herein to GAAP shall thereafter be construed to mean IFRS (except as otherwise provided in this Agreement); provided that any calculation or determination in this Agreement that requires the application of GAAP for periods that include Fiscal Quarters ended prior to the Borrower’s election to apply IFRS shall remain as previously calculated or determined in accordance with GAAP. The Borrower shall give notice of any such election made in accordance with this definition to the Agent. If at any time any election by the Borrower to apply IFRS accounting principles in lieu of GAAP as provided under this definition of “GAAP” would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Borrower or the Required Lenders shall so request, the Agent, the Lenders and the Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such election to apply IFRS (subject to the approval of the Required Lenders); provided that, until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such election to apply IFRS and (ii) the Borrower shall provide to the Agent and the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such election to apply IFRS. “Government Securities” means securities that are: (a) direct obligations of the United States of America for the timely payment of which its full faith and credit is pledged, or

Fourth Restatement Date the date that the conditions precedent set forth in Section 6.1 hereof have been satisfied or waived in accordance with the terms hereof. Fourth Restatement Date Lender: as defined in Section 14.22.3. Foreign Lender: any Lender that is not a “United States person” within the meaning of Section 7701(a)(30) of the Code. Foreign Plan: any employee benefit plan or arrangement, other than any Canadian Employee Plan or Canadian Pension Plan, (a) maintained or contributed to by any Obligor or Subsidiary that is not subject to the laws of the United States; or (b) mandated by a government other than the United States for employees of any Obligor or Subsidiary. Foreign Subsidiary: a Subsidiary that is not a U.S. Subsidiary.