Second Amendment Transactions definition

Second Amendment Transactions means, collectively, (a) the entering into the Second Amendment and the funding of the Tranche B Term Loans on the Second Amendment Effective Date, (b) the entering into of supplements to the Senior 2025 Note Documents and the issuance of $400,000,000 in principal amount of additional Senior 2025 Notes on or around the Second Amendment Effective Date, (c) the consummation of any other transactions connected with the foregoing and (d) the payment of fees and expenses in connection with any of the foregoing (including the Transaction Expenses).

Second Amendment Transactions has the meaning assigned to the term “Transactions” in the Second Amendment.

Second Amendment Transactions means, collectively, (a) the borrowing of the Second Amendment Term Loans, (b) the consummation of the Horn Solutions Acquisition, and (c) the payment of the fees and expenses incurred in connection with the consummation of the foregoing.

Examples of Second Amendment Transactions in a sentence

• The proceeds of the Second Amendment Incremental Term Loans shall be used to finance all or a portion of the Second Amendment Transactions.

• Borrower and the Obligated Parties on a consolidated basis, and after giving effect to the Second Amendment Transactions, are Solvent and have not entered into any transaction with the intent to hinder, delay or defraud a creditor.

• The proceeds of the Second Amendment Term Loans shall be used to (i) finance a portion of the Horn Solutions Acquisition, (ii)to pay fees and expenses related to the Second Amendment Transactions, (iii) finance all or a portion of additional Permitted Acquisitions closing within ninety (90) days (or such later time as Administrative Agent may agree) after the Second Amendment Effective Date, and (iv) pay fees and expenses related to such Permitted Acquisitions.

• The consummation of the Transactions, the Second Amendment Transactions and the Third Amendment Transactions will not give rise to any right of termination or right of renegotiation on the part of any union under any collective bargaining agreement to which any Company is bound.

• The Transactions and the Second Amendment Transactions are within each Group Member’s corporate or equivalent powers and have been duly authorized by all necessary corporate or equivalent and, if required, owner action.

More Definitions of Second Amendment Transactions

Second Amendment Transactions means (i) the consummation of the Momentum Acquisition and the other transactions occurring under the Momentum Acquisition Agreement, (ii) the execution, delivery and performance by the Borrower of the Bridge Term Loan First Amendment and each other Bridge Loan Document dated as of the Second Amendment Effective Date to which it is a party and the borrowing of any Delayed Draw Loans (as such term is defined in the Bridge Term Loan Agreement, as amended by the Bridge Term Loan First Amendment) and the use of the proceeds thereof to fund the purchase price of the Momentum Acquisition and (iii) the payment of fees, costs and expenses in connection with the foregoing.

Second Amendment Transactions means, collectively, (a) the Acquisition and other related transactions contemplated by the Merger Agreement, (b) the Equity Contribution (as defined in the Second Amendment), (c) the Second Amendment Refinancing (as defined in the Second Amendment), (d) the execution and delivery of the Second Amendment and related documents to be entered into on the Second Amendment Effective Date, (e) the funding of the Additional 2018 Incremental Term Loans and (f) the payment of the Second Amendment Transaction Expenses (as defined in the Second Amendment).

Second Amendment Transactions means, collectively, (a) the execution delivery and performance of the Second Amendment, (b) the consummation of the transactions contemplated by the Second Amendment and (c) the payment of the Second Amendment Transaction Costs.

Second Amendment Transactions means, collectively, the transactions to occur on or prior to the Second Amendment Effectiveness Date pursuant to the Second Amendment Transaction Documents, including (a) the consummation of the MW Acquisition; (b) the execution, delivery and performance of those Loan Documents which need to be amended or otherwise modified on the Second Amendment Effectiveness Date to the extent contemplated hereby and the borrowings to occur on the Second Amendment Effectiveness Date hereunder; (c) the MW Refinancing; (d) the Supplemental Financing; (e) the issuance of the New Senior Subordinated Notes; (f) the issuance of the Supplemental Rollover Equity; and (g) the payment of all fees and expenses to be paid on or prior to the Second Amendment Effectiveness Date and owing in connection with the foregoing.

Second Amendment Transactions collectively, the transactions to occur on or about the Second Amendment Effective Date, including without limitation (i) the contribution by the Parent of 33% of the Capital Stock of Haverhill Coke Company LLC and Middletown Coke Company, LLC to the MLP as contemplated by the terms of the Contribution Agreement, dated as of April 22, 2014, by and among the MLP, Sun Coal & Coke LLC, and the Parent, (ii) the assumption by the MLP, and the immediate repayment, of approximately $271,268,329.06 of Indebtedness of the Parent and (iii) the issuance by the MLP of additional Senior Notes in the aggregate principal amount of $250,000,000 and the application of the proceeds thereof (collectively, the “Transactions”).”

Second Amendment Transactions means (i) the (x) the execution, delivery and performance by each applicable Loan Party of this Agreement and the other Loan Documents executed and/or delivered in connection herewith, (y) incurrence of the Second Amendment Term Commitment Increase, the Borrowings thereunder and the use of the proceeds thereof and (z) incurrence of the Second Amendment Revolving Commitment Increase, (ii) the consummation of the Second Amendment Restricted Payment and (iii) the incurrence or payment of fees, costs and expenses by Holdings, the Borrower or any other Subsidiary in connection with the foregoing as well as the refinancing of the second lien term loans incurred under the Original Second Lien Credit Agreement (the “Second Amendment Transaction Costs”).

Second Amendment Transactions means the entry into the Second Amendment, the Xxxx Acquisition, the Xxxx Acquisition and/or the payment of fees, costs and expenses related to each of the foregoing.