Examples of Second Amended and Restated Facility Agreement in a sentence
The Facility End Date (as defined therein) shall have occurred and an Acquisition (as defined therein) by the Borrower of Broadway Funding Holdings LLC shall have been consummated in accordance with Section 2.2(b) of that certain Second Amended and Restated Facility Agreement, dated as of December 29, 2021, by and among Broadway Funding Holdings LLC, Cliffwater Corporate Lending Fund and the Borrower.
If the Effective Date does not occur on or prior to the Longstop Date, neither the Second Amended and Restated Facility Agreement nor the First Amended and Restated Accounts Agreement shall be deemed to have been amended and restated as set out in accordance with Schedule 6 (Third Amended and Restated Facility Agreement) and Schedule 7 (Second Amended and Restated Accounts Agreement) (as the case may be).
Each Party agrees that this Agreement is designated a “Finance Document” for the purposes of the Second Amended and Restated Facility Agreement.
The Amendment Fee shall be payable in immediately available funds and, once paid, shall be non-refundable and non-creditable against any other fees payable in connection with the First Amended and Restated Facility Agreement or the Second Amended and Restated Facility Agreement.
It is yet not beneficial to the price discovery process of these stocks.
With effect from the Effective Date, the First Amended and Restated Facility Agreement shall be deemed to have been amended and restated so that it shall be read and construed for all purposes as set out in Schedule 4 (Second Amended and Restated Facility Agreement).
The Company has entered into a Second Amended and Restated Facility Agreement dated 14.01.2020 in which the terms of facilities have been revised pursuant to which several covenants of the facilities from different lenders have been converged.
Resolution 3 seeks Shareholder approval pursuant to and in accordance with Listing Rule 10.11, section 208 and item 7 of section 611 of the Corporations Act for IMC to participate in the Shareholder Participation Offer and the Shortfall Placement/IMC Sub-underwriting, and to issue securities to IMC pursuant to the Second Amended and Restated Facility Agreement.
As a result of IMC having voting power of approximately 34.6% in the Company and the capacity to increase that to as much as 71.8% (on an undiluted basis) or 72.5% (on a fully diluted basis) if Resolution 3 is approved and the maximum number of IMC Securities are issued to IMC, ASX considers the approval from Shareholders to be required for the issue of Shares to IMC under the Capital Raising and the issue of the Third Tranche Options to IMC under the Second Amended and Restated Facility Agreement.
The new Term Loan replaces the Company's existing indebtedness to EDC of approximately $18 million under the Second Amended and Restated Facility Agreement, including the Original Term Facility and the COVID-19 Facility, with an option to draw an additional$2 million.