Second Amendment Effective Time definition
Examples of Second Amendment Effective Time in a sentence
Notwithstanding anything to the contrary contained herein, Borrowers shall jointly and severally pay to the Agent and the Agent shall deliver to the Lenders the Exit Fee set forth in that certain Exit Fee Letter dated as of the Second Amendment Effective Time when such fee becomes payable pursuant to the terms thereof.
Each of the Company and the Reinsurer (i) agrees that such election is effective for the taxable year of each party that includes the Second Amendment Effective Time and for all subsequent years during which this Agreement remains in effect and (ii) warrants that it will take no action to revoke the election.
The Reinsurer shall prepare and execute duplicate copies of the schedule described in the preceding sentence as soon as practicable after the Second Amendment Effective Time and submit them to the Company for execution.
As of the Second Amendment Effective Time, $200,000,000 aggregate principal amount of the Senior Notes will be issued.
In furtherance of the foregoing amendments to the Existing Credit Agreement, the Administrative Agent, the Collateral Agent and each Lender hereby acknowledges and agrees that following the Second Amendment Effective Time, no Borrowing Base Certificates, or other reporting in respect of the Borrowing Base or Availability under the Credit Agreement shall be required, requested or delivered.
Each of the Administrative Agent and the Borrower hereby by its signature hereto is deemed to have entered into the Replacement Assignment and Assumption as of the Second Amendment Effective Date at the Second Amendment Effective Time.
The Reinsurer hereby acknowledges and agrees that the Reinsurer is not relying in any way upon any duty of utmost good faith or other similar duty of disclosure on the part of the Company (a “Special Duty”) in connection with the amendment and restatement of the Original Treaty (A) as of the Amendment Effective Time or the amendment and restatement of the A&R Treaty (A) as of the Second Amendment Effective Time.