Examples of Second Amended and Restated Effective Date in a sentence
Following the 90th day of each fiscal year of the Corporation, the Performance Goals that have been established for the applicable fiscal year in accordance with the foregoing paragraph shall not be subject to modification or adjustment for any reason, except certain extraordinary events, as described in Paragraph VI.A.
Pear and Licensor now desire to amend and restate, as of the Second Amended and Restated Effective Date, the Amended and Restated Agreement, as amended by Amendment No. 1, upon the terms and conditions set forth below.
Bank shall make one (1) term loan available to Borrowers in an amount up to the Term Loan Amount on the Second Amended and Restated Effective Date subject to the satisfaction of the terms and conditions of this Agreement.
In addition, unless specifically amended or amended and restated in connection herewith, each of the Loan Documents existing immediately prior to the Second Amended and Restated Effective Date shall continue in full force and effect and that, from and after the Second Amended and Restated Effective Date, all references to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement and all references to the “Guaranty” contained therein shall be deemed to refer to the Guaranty.
Within three (3) business days following the Second Amended and Restated Effective Date, Pear shall pay Licensor [***].
All Bank Expenses (including reasonable attorneys’ fees and expenses, plus expenses, for documentation and negotiation of this Agreement) incurred through and after the Second Amended and Restated Effective Date, when due.
Schedule 5.26(a) to the Information Certificate sets forth all Real Property owned by any of the Loan Parties as of the Second Amended and Restated Effective Date.
The Administrative Agent shall notify the Borrower and the Lenders of the Second Amended and Restated Effective Date, and such notice shall be conclusive and binding.
A portion of the Second Amended and Restated Effective Date Advance equal to the amount set forth in Second Amended and Restated Effective Date Letter (the "Fourth MPA Advance") shall be used solely to purchase the Fourth MPA Portfolio Investments in the manner specified in the Second Amended and Restated Effective Date Letter.
For the avoidance of doubt, in no event will Licensor be paid less than the ALMF of [***] in any calendar year after the Second Amended and Restated Effective Date during the term of this Agreement, and the ALMF credit described above may not be applied as a credit against any subsequent ALMF payment due under this Agreement.