Second Amended and Restated Closing Date definition
Examples of Second Amended and Restated Closing Date in a sentence
The Operational Plan and Annual Budget, with respect to the Subject Policies as of the Second Amended and Restated Closing Date, in form and substance reasonably acceptable to the Administrative Agent and the Insurance Consultant.
Copies of UCC-1 financing statements, in form and substance satisfactory to Administrative Agent, to be filed on or before the Second Amended and Restated Closing Date, naming each of the Borrower and the Parent as debtor, and Administrative Agent, for the benefit of the Secured Parties, as secured party, and other documents necessary or reasonably requested by Administrative Agent, to evidence the perfection of the Administrative Agent’s security interest in the Collateral.
Results of completed UCC and tax and judgment lien searches and court searches for the jurisdictions of formation and chief executive office of the Borrower and Parent dated within two (2) weeks before the Second Amended and Restated Closing Date that name the Borrower and Parent as debtor (none of which shall show any of the Collateral subject to any Liens other than those created pursuant to the Transaction Documents).
Indebtedness outstanding on Second Amended and Restated Closing Date and listed on Schedule 5.05 and any refinancings, etc.
The Required Lenders shall be satisfied that the Liens and security interests created under and granted by the Transaction Documents are first priority perfected exclusive Liens and will not be subject to any other senior or pari passu Liens, security interests or any other Adverse Claims prior to or after the Second Amended and Restated Closing Date as determined in the Required Lenders’ sole and absolute discretion.
Set forth in Schedule 8.1(s) is a complete and accurate description, as of the Second Amended and Restated Closing Date, of the existing Accounts, the Policy Account and the Borrower Account.
Copies of the complete Collateral Packages for the Subject Policies satisfactory to the Administrative Agent as of the date of the making of the Second Amended and Restated Closing Date Advance.
The Required Lenders shall have been satisfied that the Liens and security interests created under and granted by the Transaction Documents are first priority perfected exclusive Liens and will not be subject to any other senior or pari passu Liens, security interests or any other Adverse Claims prior to or after the Second Amended and Restated Closing Date as determined in the Required Lenders’ sole and absolute discretion.
The committee will meet at least four times each year or more frequently as it deems necessary or appropriate to carry out its responsibilities.The Chairman shall, in consultation with other Committee members, set the agenda for and preside at meetings of the Committee.
After giving effect to the Second Amended and Restated Closing Date Advance, the LTV shall not exceed sixty percent (60.0%), as determined by the Required Lenders in their sole and absolute discretion.