Second Restatement Date definition
Examples of Second Restatement Date in a sentence
The Borrower, the various lenders party thereto (the “Existing Lenders”) and the Administrative Agent are parties to the Amended and Restated Credit Agreement, dated as of April 6, 2017 (as may have been further amended, supplemented and otherwise modified from time to time prior to the Second Restatement Date, the “Existing Credit Agreement”).
As of the Second Restatement Date, none of the Borrower or its Subsidiaries has any liabilities, contingent or otherwise, that are material to the Borrower and its Subsidiaries on a consolidated basis other than as disclosed in the financial statements referred to in the preceding sentence or in the reports filed by the Borrower with the Securities and Exchange Commission prior to the Second Restatement Date or the Obligations.
The Subsidiaries of the Borrower and the direct and indirect ownership thereof as of the Second Restatement Date are as set forth on Schedule 3 attached hereto.
All representations and warranties made under this Agreement and any other Loan Document, shall be deemed to be made, and shall be true and correct in all material respects, except for those representations and warranties that are qualified by materiality or Materially Adverse Effect, which shall be true and correct, at and as of the Second Restatement Date (other than with respect to Section 4.1(m)) and the 2021 Term Loan Funding Date.