Examples of Replacement Amendment in a sentence
Any such amendment with respect to a Benchmark Transition Event will become effective at 5:00 p.m. on the fifth (5th) Business Day after the Administrative Agent has posted such proposed amendment (the “Benchmark Replacement Amendment”) to all affected Lenders and the Borrower so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement Amendment from Lenders comprising the Required Lenders.
Notwithstanding anything to the contrary herein, the Benchmark Replacement Amendment (i) shall become effective without any further action or consent of any other party to this Agreement and (ii) may designate the timing of effectiveness of the Benchmark Replacement (including pursuant to the occurrence of identified conditions), but in any event to occur no earlier than the applicable Benchmark Transition Start Date.
The headings of this Replacement Amendment are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
For the avoidance of doubt, the Revolving Credit Commitment of any Lender under the Existing Credit Agreement that is not signatory to this Replacement Amendment (such Revolving Credit Commitments, the “Remaining Commitments”) shall not be Refinanced or replaced by a Replacement Revolving Commitment hereunder, shall be unchanged in all respects by this Replacement Amendment and is not a Series B Replacement Revolving Commitment.
This Replacement Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument.
Unless otherwise indicated, all article, schedule, exhibit and section references in this Replacement Amendment refer to articles, schedules, exhibits and sections of the Credit Agreement.
Any such amendment with respect to an Early Opt-in Election will become effective on the date that the Borrower accepts the Required Lenders’ or the Administrative Agent’s written request for such Benchmark Replacement Amendment.
By __/s/__ Xxxxx Xxxxxx__________________ Name: Xxxxx Xxxxxx Title: Vice President and Treasurer SIGNATURE PAGE Royal Caribbean – 2022 BofA Term Loan LIBOR Replacement Amendment BANK OF AMERICA, N.A. as Administrative Agent By __/s/__ Xxxxx X.
Except as specifically amended hereby or otherwise agreed, the Amendment Effective Date Credit Agreement (and the Amendment Operative Date Credit Agreement or, if applicable, the Replacement Amendment Operative Date Credit Agreement) is hereby ratified and confirmed and shall remain in full force and effect according to its terms.
This Replacement Amendment may not be amended, modified or waived except pursuant to a writing signed by each of the parties hereto.