Second Incremental Amendment Effective Date definition

Second Incremental Amendment Effective Date has the meaning assigned thereto in the Second Incremental Term A Facility Amendment.

Second Incremental Amendment Effective Date means March 10, 2017.”

Second Incremental Amendment Effective Date means the date on which the conditions specified in Section 4.01 of the Second Incremental Amendment are satisfied (or waived).

Examples of Second Incremental Amendment Effective Date in a sentence

• The Administrative Agent shall notify the Borrower and the Lenders of the Second Incremental Amendment Effective Date, and such notice shall be conclusive and binding.

• The Initial Term A Loans, the Additional Term A Loans and the Second Additional Term A Loans shall together constitute a single Class of Term Loans for purposes of this Agreement in all respects, except that (i) interest on the Additional Term A Loans shall commence to accrue from the First Incremental Amendment Effective Date and (ii) interest on the Second Additional Term A Loans shall commence to accrue from the Second Incremental Amendment Effective Date.

• The Administrative Agent shall have received, at least 5 days prior to the Second Incremental Amendment Effective Date, all documentation and other information required by regulatory authorities under applicable “know your customer” and anti-money laundering rules and regulations, including, without limitation, the PATRIOT Act, as has been reasonably requested in writing at least 10 days prior to the Second Incremental Amendment Effective Date by the Administrative Agent or the Tranche C Lead Arranger.

• This Second Incremental Amendment shall constitute a Loan Document for purposes of the Credit Agreement and from and after the Second Incremental Amendment Effective Date, all references to the “Credit Agreement” in any Loan Document and all references in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, shall, unless expressly provided otherwise, refer to the Credit Agreement as amended by this Second Incremental Amendment.

• Each Loan Party and Holdings reaffirms its obligations under the Loan Documents to which it is party and the validity, enforceability and perfection of the Liens granted by it pursuant to the Security Agreement on the Second Incremental Amendment Effective Date.

• Second Additional Term A Loans will (i) initially be of the same Type and will have the same Interest Period as the Term A Loans outstanding immediately prior to the Second Incremental Amendment Effective Date and (ii) bear interest, until the last day of such initial Interest Period, at the same rate as the Term A Loans outstanding immediately prior to the Second Incremental Amendment Effective Date.

• The Delayed Draw Incremental Commitment Fee shall accrue at all times from the Second Incremental Amendment Effective Date until the Delayed Draw Incremental Commitment Termination Date, and shall be due and payable quarterly in arrears on the last Business Day of each March, June, September and December, commencing with the last Business Day of the first full fiscal quarter to end following the Second Incremental Amendment Effective Date, and on the Delayed Draw Incremental Commitment Termination Date.

• The Borrower shall pay to the Administrative Agent for the account of each Lender with a Delayed Draw Incremental Commitment, a commitment fee equal to the Commitment Fee Percentage per annum on the average daily unused amount of the Delayed Draw Incremental Commitment of such Lender during the period from and including the Second Incremental Amendment Effective Date to but excluding the date on which the Delayed Draw Incremental Commitment terminates (the “Delayed Draw Incremental Commitment Fee”).

• From and after the Second Incremental Amendment Effective Date, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Credit Agreement, shall, unless the context otherwise requires, refer to the Credit Agreement as amended hereby, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Credit Agreement as amended hereby and as may be further amended, supplemented or otherwise modified from time to time.

• The Incremental Term Lender hereby agrees to provide Incremental Term Loan Commitments and Incremental Term Loans on the Second Incremental Amendment Effective Date on the terms and conditions set forth herein and in the amount set forth opposite its name on Annex I attached hereto.

More Definitions of Second Incremental Amendment Effective Date

Second Incremental Amendment Effective Date. The First Lien Administrative Agent (or its counsel) shall have received a counterpart of this Incremental Amendment (which may include facsimile or other electronic transmission of a signed counterpart of this Incremental Amendment) signed on behalf of Holdings, the Borrower and each other Loan Party, the Revolving Lenders and Issuing Banks, the Second Incremental Amendment Term Lenders and the Delayed Draw Incremental Lenders.

Second Incremental Amendment Effective Date means the date on which the conditions precedent set forth in Section 5 of the Second Incremental Amendment are satisfied or waived. For the avoidance of doubt, the Second Incremental Amendment Effective Date is July 6, 2022. “Second Incremental Amendment Term Commitment” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Lenders” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Facility” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Loans” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Maturity Date” means, with respect to the Second Incremental Amendment Term Loans and Delayed Draw Incremental Term Loans, the date that is the earlier of (x) five years after the Second Incremental Amendment Effective Date (or, if such day is not a Business Day, -60- [EMEA_ACTIVE 302040156_13]

Second Incremental Amendment Effective Date means the date on which the conditions precedent set forth in Section 5 of the Second Incremental Amendment are satisfied or waived. For the avoidance of doubt, the Second Incremental Amendment Effective Date is July 6, 2022. “Second Incremental Amendment Term Commitment” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Lenders” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Facility” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Loans” has the meaning assigned to such term in the Second Incremental Amendment. “Second Incremental Amendment Term Maturity Date” means, with respect to the Second Incremental Amendment Term Loans and Delayed Draw Incremental Term Loans, the date that is the earlier of (x) five years after the Second Incremental Amendment Effective Date (or, if such day is not a Business Day, the immediately preceding Business Day) and (y) the date that is ninety-one (91) days prior to the “Maturity Date” (as defined in the indenture governing the 2020 Exchangeable Notes) (the “Refinancing Date”) unless on or prior to the Refinancing Date, either (a) the 2020 Exchangeable Notes have been satisfied and discharged, repaid, redeemed, repurchased, refinanced or extended to a date that is at least 180 days after the date set forth under (x) above or (b) the Borrower has deposited an amount equal to the principal amount of the 2020 Exchangeable Notes not so satisfied and discharged, repaid, redeemed , repurchased, refinanced or extended in a segregated account, which amount may only be used to satisfy and discharge, repay, redeem or repurchase such 2020 Exchangeable Notes. “Section 956 Excluded Subsidiaries” means (a) (i) any (direct or indirect) non-US subsidiary of the Borrower that is a “controlled foreign corporation” within the meaning of Section 957 of the Code (or any similar law or regulation in any applicable jurisdiction) and (ii) any (direct or indirect) subsidiary (including a disregarded entity for U.S. federal income tax purposes) of the Borrower substantially all of whose assets are direct or indirect interests in the equity or equity and debt of one or more “controlled foreign corporations” within the meaning of Section 957 of the Code (or any similar law or regulation in any applicable jurisdiction) (each, a “Foreign Holdco”) and (b) any (direct or i...