Second Amended and Restated Facility Agreement definition

Second Amended and Restated Facility Agreement means the First Amended and Restated Facility Agreement, as amended and restated by this Agreement, the terms of which are set out in Schedule 4 (Second Amended and Restated Facility Agreement).
Sample 1
Second Amended and Restated Facility Agreement means the agreement evidencing the terms upon which the facility granted pursuant to the Original Facility Agreement, as amended and restated by this Agreement, will be provided on and from the Effective Date, the form of which is set out in Schedule 2 (Form of Second Amended and Restated Facility Agreement).
Sample 1

Examples of Second Amended and Restated Facility Agreement in a sentence

  • Credit Parties and Lenders have entered into that certain Second Amended and Restated Facility Agreement dated as of December 7, 2015 (as the same has been and may hereinafter be amended, modified, restated or otherwise supplemented from time to time, including, but not limited to, by those certain Limited Consents between Lenders and Credit Parties dated as of September 6, 2016 and October 3, 2016, respectively, the “Facility Agreement”).

  • On the date of the initial funding under the Second Amended and Restated Facility Agreement, the Borrower shall pay to the Agent for further distribution to the Initial Term Loan Lenders and the Delayed Draw Term Loan Lenders a non–refundable flat fee in the amount of 4.00% (four percent) of the aggregate amount of the Initial Term Loan Commitments and Delayed Draw Term Loan Commitments of the Lenders.

  • 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).

  • For the avoidance of doubt, nothing herein shall be deemed a waiver of any right of the Finance Parties to assert an Event of Default pursuant to clause 23.2 (Financial AMERICAS 90655881 Covenants) of the Second Amended and Restated Facility Agreement if the Borrower fails to make a Relevant Contribution in excess of US$14,000,000 (to the extent needed) to cure any breach of a relevant covenant in respect of a Relevant Period ending on 30 June 2015.

  • 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.

  • 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.

  • Each Party agrees that this Agreement is designated a “Finance Document” for the purposes of the First Amended and Restated Facility Agreement and the Second Amended and Restated Facility Agreement.

  • For the purposes of incorporating clause 41 (Confidentiality) of the Second Amended and Restated Facility Agreement into this Agreement, the Parties agree that the definition of Confidential Information shall be extended to include any information provided by the Borrower, Thermo or any other person to satisfy the requirements of paragraph 4 of Schedule 6 (Conditions Subsequent to the Effective Date).

  • The provisions of Clause 28 (Notices) and Clause 31 (Governing law and enforcement) of the Second Amended and Restated Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

  • 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).

Related to Second Amended and Restated Facility Agreement

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

  • Amended Facility Agreement means the Facility Agreement as amended and supplemented by this Agreement.

  • 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.

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

  • Existing Facility Agreement means the senior secured credit facility dated 26 October 2000 made between, inter alia, UPC Broadband, UPC Financing and Toronto Dominion (Texas) LLC as facility agent and the banks and financial institutions listed therein, as amended from time to time.

  • Original Facility Agreement means the facility agreement dated 19 December 2018 and made between, amongst others, (i) the Borrower, (ii) the Lenders, (iii) the Mandated Lead Arrangers, (iv) the Facility Agent and the SACE Agent and (v) the Security Trustee.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement, dated as of July 17, 2015, by and among the Borrower, the other Loan Parties, the Administrative Agent, the Lenders party thereto and the other parties thereto.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

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

  • First Amendment means the First Amendment to Amended and Restated Credit Agreement, dated the First Amendment Effective Date, by and among the Loan Parties party thereto, the Required Lenders, the Revolving Credit Lenders and the Administrative Agent.

  • Facility Agreement means the Facility Agreement referred to in Recital (A).

  • Second Amendment Date the date of effectiveness of the Second Amendment, dated July 15, 2016, by and among the Borrower, the other Loan Parties thereto, Holdings, the Lenders party thereto and the Administrative Agent.

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

  • Fifth Amendment means that certain Fifth Amendment to Credit Agreement, dated as of December 14, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders, Letter of Credit Issuers and other Credit Parties party thereto.

  • Credit Facility Agreement means the Credit Facility and Reimbursement Agreement dated as of January 1, 2007, between the Bond Bank and the Bank providing for the timely payment, when due, of a portion of the principal of and interest on the Notes, all subject to such conditions and under such terms as described in Article X of the Indenture.

  • First Amendment Date means February 21, 2019.

  • Seventh Amendment means that certain Seventh Amendment to Revolving Credit and Security Agreement, dated as of the Seventh Amendment Date, by and among Borrowers, Lenders and Agent.

  • Hotel Management Agreement means any management agreements between a Hotel Management Company and Lessee and/or Landlord, as applicable, as such management agreements are amended from time to time for the Hotel.

  • Incremental Facility Agreement means an Incremental Facility Agreement, in form and substance reasonably satisfactory to the Agent and the Borrower, among the Borrower, the Agent and one or more Incremental Lenders, establishing Incremental Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.18.

  • Sixth Amendment means the Sixth Amendment to Credit Agreement dated as of March 7, 2011 among the Borrower, the Lenders party thereto 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.

  • Facility Agreements means the agreements of that name between the Issuer and different

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Third Amendment Date means June 23, 2020.

  • Second Amendment Effective Date has the meaning assigned to such term in the Second Amendment.