Fourth Third definition

Fourth Third has the meaning set forth in the preamble hereto.
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Fourth Third has the meaning set forth in the Preamble. FRB means the Board of Governors of the Federal Reserve System or any successor thereto. GAAP means generally accepted accounting principles in effect in the United States of America set forth from time to time in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board (or agencies with similar functions of comparable stature and authority within the U.S. accounting profession), which are applicable to the circumstances as of the date of determination.
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Examples of Fourth Third in a sentence

  • Borrower agrees to pay to Fourth Third, for Fourth Third’s account, the fees set forth in the Fee Letter.

  • The Loan Parties shall reimburse Fourth Third for the reasonable travel expenses incurred by any such observer appointed by Fourth Third in connection with attendance at or participation in meetings of such Loan Party’s Board of Directors to the extent consistent with such Loan Party’s policies of reimbursing directors generally for such expenses.

  • Notices shall be addressed as follows: as set forth on its signature page hereto If to Agent or Senior Lenders: Fourth Third Capital LLC 300 Xxxx Xxxxxx Xxxxx 0000 Xxx Xxxx, Xxx Xxxx 00000 Attention: Bxxxx X.

  • This CONTROL AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Control Agreement”) dated as of _______________, 200__, is made by and among _______________, a __________ corporation (the “Grantor”), Fourth Third LLC, as Agent (in such capacity, the “Agent”) for the Secured Creditors (as defined in the Guarantee and Collateral Agreement referred to below), and ____________, a ____________ (the “Depository Bank”).

  • Similarly, if and to the extent that the EBITDA that is used for purposes of determining the Fourth Third Purchase Payment is reduced by reason of the payment of the Third Purchase Incentive Payment to the Incentive Holders, such EBITDA shall be increased by the amount of such reduction.

  • Xxxxx Telephone: (214) [389-9800] Telecopy: (214) [389-9805] FOURTH THIRD LLC, as Agent and a Lender Address for Notices: Fourth Third Capital LLC 300 Xxxx Xxxxxx Xxxxx 0000 Xxx Xxxx, Xxx Xxxx 00000 Attention: Bxxxx X.

  • Xxxxx Title: Authorized Signatory Lender Loan Commitment Pro Rata Share Fourth Third LLC $34,000,000 100% Loan Parties Address for Notices: 3000 Xxxx Xxxxxx, Suite 403 Dallas, Texas 75205 Attention: Dxxxxx X.

  • Parent shall have authorized and reserved for issuance to Fourth Third that number of shares of the common stock of Parent necessary for the purpose of issuance to Fourth Third the amount thereof contemplated by the Share Exchange Agreement and the Share Rights Agreement at and after the Closing Date (as applicable), representing at least 1,100,000 such shares, as of the Closing Date.

  • Issuance to Fourth Third of the common stock of Parent contemplated to be issued pursuant to the Share Exchange Agreement and the Share Rights Agreement on the Closing Date in conformity with Section 4.1.9.

  • These parties have agreed to subordinate their liens to Fourth Third, LLC.

Related to Fourth Third

  • Fifth Third means Fifth Third Bank, National Association.

  • FOURTH The balance, if any, to the Person or Persons entitled thereto.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.

  • Third Amendment Date means June 23, 2020.

  • Fourth Amendment Date means April 30, 2021.

  • Amendment to Allege Use or similar filing with respect thereto, by the United States Patent and Trademark Office, only to the extent, if any, that, and solely during the period if any, in which, the grant of a security interest therein may impair the validity or enforceability of such intent-to-use (or similar) Trademark application under applicable federal Law,

  • First Amendment Date means February 21, 2019.

  • Second Amendment Date means February 26, 2019.

  • Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.

  • SIXTH above; and (iii) to the extent that any amounts available for distribution pursuant to clause "FIFTH" above are attributable to the issued but undrawn amount of outstanding Letters of Credit, such amounts shall be held by the Agent in a cash collateral account and applied (A) first, to reimburse the Issuing Lender from time to time for any drawings under such Letters of Credit and (B) then, following the expiration of all Letters of Credit, to all other obligations of the types described in clauses "FIFTH" and "SIXTH" above in the manner provided in this Section 3.15(b).

  • Third Amendment means that certain Third Amendment to Amended and Restated Credit Agreement dated as of the Third Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.

  • Construction Loan Agreement means the Loan Agreement to be entered into by and between the Construction Lender and the Partnership, as amended.

  • Five-Year Credit Agreement means the Five-Year Credit Agreement, dated as of July 16, 2004, among the Borrower and certain of its affiliates, as borrowers, the lenders named therein, and Bank One NA, as administrative agent, as amended, supplemented or refinanced from time to time.

  • EIGHTH The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Amended and Restated Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon stockholders herein are granted subject to this reservation.

  • First Amendment means that certain First Amendment to Credit Agreement, dated as of February 27, 2017, among the Loan Parties, the Administrative Agent and the Lenders party thereto.

  • Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.

  • Amendment No. 6 means the Sixth Amendment to Amended and Restated Credit Agreement, dated as of May 23, 2018, among Borrower, each of the Lenders party thereto and the Administrative Agent.

  • Amendment No. 5 means Amendment No. 5 to this Agreement dated as of August 7, 2020, by and among the Borrower, Holdings, the other Loan Parties party thereto, the Extending Revolving Credit Lenders party thereto, and the Administrative Agent.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.

  • Amendment No. 2 means Amendment No. 2 to this Agreement dated as of November 15, 2019, by and among the Borrower, Holdings, the other Loan Parties party thereto, the Second Incremental Term Lenders, and the Administrative Agent.

  • Project Loan Agreement means the Project Loan Agreement dated as of the date hereof among the Borrower, the Governmental Lender and the Fiscal Agent, as amended, supplemented or restated from time to time.

  • Sixth Amendment means the Sixth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of November 5, 2021, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Non-U.S. Bank means a Person that is not a United States Person and that is not described in Section 881(c)(3) of the Code.

  • Fourth Amendment means that certain Fourth Amendment to Credit Agreement, dated as of August 17, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders and other Credit Parties party thereto.