Second Restatement Transactions definition

Second Restatement Transactions means, collectively, (a) the execution, delivery and performance of the Second Amendment and Restatement Agreement and this Agreement, the Borrowing of the Tranche D Term Loans hereunder and the use of the proceeds thereof in accordance with the terms hereof, (b) the issuance of the 2014 Senior Subordinated Notes, (c) the payment of the Specified Dividend, (d) the consummation of the Subordinated Notes Refinancing and (e) the payment of fees and expenses incurred in connection with the foregoing.

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Second Restatement Transactions means the transactions occurring on the Second Restatement Date.

Second Restatement Transactions means, collectively, (a) the amendment and restatement of the Amended and Restated Credit Agreement, including the execution and delivery of such amendment and any Credit Documents contemplated thereby, and upon effectiveness thereof, borrowing of the Term Loans pursuant to Section 2.01(a)(i) of the Second Amended and Restated Credit Agreement, (b) the issuance of the New Senior Notes (as defined in the Second Amended and Restated Credit Agreement), (c) the Consent Solicitation and Exchange Offer (as defined in the Second Amended and Restated Credit Agreement) and the exchange of all or a portion of the Senior Notes (as defined in the Second Amended and Restated Credit Agreement) for the Senior Exchange Notes pursuant thereto, (d) the making of Restricted Payments pursuant to Section 6.4(l) of the Second Amended and Restated Credit Agreement on or about the Second Restatement Effective Date (as defined in the Second Amended and Restated Credit Agreement) and (e) all other transactions contemplated by such amendment or in connection with any of the foregoing.

Examples of Second Restatement Transactions in a sentence

The Agent, on behalf of itself, the arrangers of the Tranche D Term Loans, the Lenders and the Issuing Bank, shall have received a solvency opinion in form and substance and from an independent investment bank or valuation firm reasonably satisfactory to the Agent to the effect that Holdings and its Subsidiaries, on a consolidated basis after giving effect to the Second Restatement Transactions, are solvent.
The proceeds of the Tranche D Term Loans are to be used solely to (i) finance a portion of the Specified Dividend, (ii) repurchase or otherwise redeem the Senior Subordinated Notes described in clause (i) of the definition thereof (the “Subordinated Notes Refinancing”) and (iii) pay fees and expenses incurred in connection with the Second Restatement Transactions.
The proceeds of Tranche B Term Loans made on the Second Restatement Effective Date shall be applied to fund in part the making of a Restricted Junior Payment pursuant to Section 6.4(l) on or about the Second Restatement Effective Date and to pay any fees and expenses in connection therewith and with the other Second Restatement Transactions.
Use the proceeds of the Credit Extensions (i) to repay existing Indebtedness of the Consolidated Companies, (ii) to consummate the share repurchase contemplated by Section 7.06(g) hereof, (iii) to pay fees and expenses incurred in connection with the Transaction, the Second Restatement Transactions and the Third Restatement Transactions and (iv) to provide ongoing working capital and for other general corporate purposes of the Consolidated Companies (including Permitted Acquisitions).
After giving effect to the Second Restatement Transactions, the Borrower and its Restricted Subsidiaries, on a Consolidated basis, are Solvent.
The consummation of the Second Restatement Transactions do 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 the Borrower or any Restricted Subsidiary is bound.
Use the proceeds of the Credit Extensions (i) to repay existing Indebtedness of the Consolidated Companies, (ii) to consummate the share repurchase contemplated by Section 7.06(g) hereof, (iii) to pay fees and expenses incurred in connection with the Transaction and the Second Restatement Transactions and (iv) to provide ongoing working capital and for other general corporate purposes of the Consolidated Companies (including Permitted Acquisitions).
The Second Restatement Transactions entered into or to be entered into by each Loan Party are within such Loan Party’s corporate powers.
On the Second Restatement Effective Date after giving effect to the portion of the Second Restatement Transactions occurring on the Second Restatement Effective Date, the Loan Parties, on a consolidated basis, are Solvent.

More Definitions of Second Restatement Transactions

Second Restatement Transactions means, collectively, (a) the execution, delivery and performance by the Loan Parties of the Second Amendment and Restatement Agreement and all related documents, (b) the funding of all Loans contemplated thereunder (including, without limitation, all loans funded from and after the Second Restatement Effective Date and prior to the Third Restatement Effective Date through the provisions of Section 2.16 of the Second Amended and Restated Credit Agreement), (c) the execution, delivery and performance by the Company and its Subsidiaries of the terms of the First Senior Notes Indenture (and all supplemental indentures thereunder) and any other documents related thereto, and (d) the payment of the fees and expenses incurred in connection with any of the foregoing.

Second Restatement Transactions means, collectively, the entry of the Confirmation Order, the transactions contemplated by the Approved Plan, the funding (or deemed funding) of the Loans and issuance (or deemed issuance) of the Letters of Credit under this Agreement on the Second Restatement Date, the funding (or deemed funding) of the loans under the Term Facility on the Second Restatement Date, the consummation of the other transactions contemplated by this Agreement, the Term Facility Documentation, the Approved Plan or the Confirmation Order, the consummation of any other transactions in connection with the foregoing and the payment of the fees and expenses incurred in connection with any of the foregoing.

Second Restatement Transactions means (a) the entering into of the Second Restatement Agreement, the effectiveness of this Agreement, the borrowings hereunder on the Second Restatement Effective Date, the continuation of Letters of Credit under the Original Credit Agreement as Letters of Credit hereunder, and the prepayment of the Original Term Loans under the Original Credit Agreement in their entirety on the Second Restatement Effective Date and (b) the payment of fees and expenses in connection with the foregoing.

Second Restatement Transactions means the transactions contemplated by Section 5 of this Agreement.