Second Incremental Effective Date definition
Examples of Second Incremental Effective Date in a sentence
Nothing herein contained shall be construed as a substitution or novation of the Loans outstanding under the Credit Agreement, which shall remain outstanding after the Second Incremental Effective Date as modified hereby.
Unless previously terminated, the Tranche C-7 Term Loan Commitments shall terminate at 5:00 p.m., New York City time, on the Second Incremental Effective Date.
Notwithstanding any provision of this Amendment, the provisions of Sections 2.16, 2.17, 2.18 and 9.05 of the Credit Agreement as in effect immediately prior to the Second Incremental Effective Date will continue to be effective as to all matters arising out of or in any way related to facts or events existing or occurring prior to the Second Incremental Effective Date.
The funding of the Tranche C-7 Term Loans on the Second Incremental Effective Date shall be consummated at a closing to be held at the offices of O’Melveny & ▇▇▇▇▇ LLP, or at such other place as the Borrowers and the Administrative Agent shall agree upon.
Subject to the terms and conditions set forth herein, each Incremental Lender agrees to make Tranche C-7 Term Loans to the Dutch Borrower in U.S. Dollars from its Euro Lending Office on the Second Incremental Effective Date in a principal amount not to exceed such Incremental Lender’s Tranche C-7 Term Loan Commitment.
Upon the reasonable request of the Agent or the Increasing Lender, the Borrower shall have provided to the Agent or the Increasing Lender, as applicable, the documentation and other information so requested in connection with applicable “know your customer” and anti-money-laundering rules and regulations, including the PATRIOT Act, in each case at least two (2) Business Days prior to the Second Incremental Effective Date.
Notwithstanding any provision of this Amendment, the provisions of Sections 2.15, 2.16, 2.17 and 9.05 of the Credit Agreement as in effect immediately prior to the Second Incremental Effective Date will continue to be effective as to all matters arising out of or in any way related to facts or events existing or occurring prior to the Second Incremental Effective Date.
Subject to the terms and conditions set forth herein, each Incremental Lender agrees to provide Second Incremental Revolving Facility Commitments and to make Borrowings thereunder available to the U.S. Borrower or the German Borrower, as applicable, on and following the Second Incremental Effective Date in a principal amount not to exceed such Incremental Lender’s Second Incremental Revolving Facility Commitment and subject to the other terms and conditions set forth in the Credit Agreement.
On the Second Incremental Effective Date, all outstanding Letters of Credit issued under the Existing Revolving Facility Commitments shall be deemed issued under the Second Incremental Revolving Facility Commitments.
The Loan Parties party hereto have requested, and the Lender party hereto has agreed, that the Existing Credit Agreement be, effective from the Second Incremental Effective Date, amended as set forth herein.