Second Supplemental Closing Date definition

Second Supplemental Closing Date shall have the meaning ascribed to -------------------------------- such term in Section 3 hereof. (b) Section 1.1 of the Credit Agreement is hereby amended by amending the definition of "Borrowing Base" by deleting the last sentence -------------- thereof and replacing it with the following: "Notwithstanding anything to the contrary contained herein, when determining the Borrowing Base, (i) no more than $25,000,000 of the Borrowing Base shall be attributed to Pledged Collateral issued by any individual Investment Entity other than eMerge, any Additional $50,000,000 Investment Entity or the Additional $75,000,000 Investment Entity, (ii) no more than $50,000,000 of the Borrowing Base shall be attributed to eMerge Pledged Collateral issued by eMerge; provided, however, that in no event shall any -------- ------- advance be made hereunder based on the value of the eMerge Preferred Stock which exceeds the amount then paid by or on behalf of ICG pursuant to the eMerge Note, (iii) no more than $50,000,000 of the Borrowing Base shall be attributable to Pledged Collateral issued by any Additional $50,000,000 Investment Entity and (iv) no more than $75,000,000 of the Borrowing Base shall be attributable to Pledged Collateral issued by the Additional $75,000,000 Investment Entity." (c) Section 5.1.2 is hereby amended by deleting such Section in its entirety and substituting in lieu thereof a new Section 5.1.2 to read as follows:
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Second Supplemental Closing Date means August 21, 2008.
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Second Supplemental Closing Date the date on which the conditions ---------------------------------- precedent to the effectiveness of Amendment No. 3 set forth in Section 4 of Amendment No. 3 shall have been satisfied.
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Examples of Second Supplemental Closing Date in a sentence

  • Each Lender made a Second Supplemental Loan to the Borrower on the Second Supplemental Closing Date in an amount equal to the amount of the Second Supplemental Commitment of such Lender.

  • No Potential Default or Event of Default shall have ---------- occurred and be continuing on the Second Supplemental Closing Date or after giving effect to the amendments provided for in this Amendment.

  • The Agent shall have received, ------------------------------- with a counterpart for each Bank, a certificate of each of the Borrowers, dated the Second Supplemental Closing Date, as to the incumbency and signature of the officers of each of the Borrowers executing this Amendment or the other Amendment Documents to which each of the Borrowers is a party, satisfactory in form and substance to the Agent, executed by an Authorized Officer of each of the Borrowers.

  • Each Note shall bear interest computed daily from the Second Supplemental Closing Date until final repayment in full of said Note in accordance with Section 2.4 of this Agreement.

  • The Agent shall have ------------------------------- received, with a counterpart for each Bank, a certificate of each of the Borrowers, dated the Second Supplemental Closing Date, as to the incumbency and signature of the officers of each of the Borrowers executing this Amendment or the other Amendment Documents to which each of the Borrowers is a party, satisfactory in form and substance to the Agent, executed by an Authorized Officer of each of the Borrowers.

  • In addition to the commitment fee set forth in Section 2.4(a) and the Supplemental Commitment Fee set forth in Section 2.4(g), a fully earned, non-refundable supplemental commitment fee (the “Second Supplemental Commitment Fee”) of One Hundred Thousand Dollars ($100,000), due on the Second Supplemental Closing Date.

  • Not later than 11:00 a.m. on the Closing Date, the Supplemental Closing Date, the Second Supplemental Closing Date, or the Third Supplemental Closing Date, as applicable, each Lender shall make available to the Agent at its office or to the account maintained by it, as specified in Section 10.2, the amount of such Lender's Initial Loan, Supplemental Loan, Second Supplemental Loan, or Third Supplemental Loan, as applicable, in immediately available funds.

  • Not later than 11:00 a.m. on the Closing Date, the Supplemental Closing Date, or the Second Supplemental Closing Date, as applicable, each Lender shall make available to the Agent at its office or to the account maintained by it, as specified in Section 10.2, the amount of such Lender's Initial Loan, Supplemental Loan, or Second Supplemental Loan, as applicable, in immediately available funds.

  • On or prior to the Second -------------------------- Supplemental Closing Date, the Agent and the Banks shall have received and the Agent and the Banks shall be satisfied (both as to form and substance) with a pro forma Borrowing Base Certificate in the form set forth in Exhibit 1.1(B) to the Credit Agreement which shall be prepared as of a date prior to the Second Supplemental Closing Date.

  • No Potential Default or Event of Default shall ---------- have occurred and be continuing on the Second Supplemental Closing Date or after giving effect to the amendments provided for in this Amendment.


More Definitions of Second Supplemental Closing Date

Second Supplemental Closing Date means December 9, 2002.
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Second Supplemental Closing Date means December 9, 2002. 6. Article II, Section 2.2 of the Loan Agreement is hereby amended by deleting Article II, Section 2.2 in its entirety and substituting therefor a new Article II, Section 2.2 to read as follows:
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Related to Second Supplemental Closing Date

  • Additional Closing Date has the meaning set forth in Section 3.

  • Amendment Closing Date means the first date that all the conditions precedent set forth in this Amendment are satisfied or waived in accordance herewith.

  • Third Closing Date has the meaning set forth in Section 2.2(c).

  • Second Closing Date means the date of the Second Closing.

  • Initial Closing Date shall have the meaning assigned to such term in Section 1.2 hereof.

  • First Closing Date shall refer to the time and date of delivery of certificates for the Firm Shares and such Optional Shares). Any such time and date of delivery, if subsequent to the First Closing Date, is called an “Option Closing Date,” shall be determined by the Representatives and shall not be earlier than three or later than five full business days after delivery of such notice of exercise. If any Optional Shares are to be purchased, each Underwriter agrees, severally and not jointly, to purchase the number of Optional Shares (subject to such adjustments to eliminate fractional shares as the Representatives may determine) that bears the same proportion to the total number of Optional Shares to be purchased as the number of Firm Shares set forth on Schedule A opposite the name of such Underwriter bears to the total number of Firm Shares. The Representatives may cancel the option at any time prior to its expiration by giving written notice of such cancellation to the Company.

  • Original Closing Date means the "Closing Date" as defined in the Existing Credit Agreement.

  • Subsequent Closing Date means, with respect to each Subsequent Closing, the date on which such Subsequent Closing is deemed to have occurred.

  • First Amendment Closing Date has the meaning assigned to such term in the First Amendment.

  • Series Closing Date means the date designated as such in the Series Term Sheet.

  • Additional Closing has the meaning set forth in Section 2.3.

  • Third Amendment Closing Date has the meaning assigned to such term in the Third Amendment.

  • Loan Closing Date means the date upon which the Loan is made to the Company.

  • Acquisition Closing Date means the “Closing Date” as defined in the Acquisition Agreement.

  • Second Amendment Closing Date has the meaning assigned to such term in the Second Amendment.

  • Final Closing Date shall have the meaning specified in Section 7.2(a) hereof.

  • Target Closing Date means three (3) Business Days following receipt of the Approval and Vesting Order, or such other date as the Parties may agree.

  • Put Closing Date shall have the meaning set forth in Section 2.3.8.

  • IPO Closing Date means the closing date of the IPO.

  • Fourth Amendment Closing Date the date on which all the conditions precedent set forth in Section 3 of the Fourth Amendment shall be satisfied or waived.

  • Scheduled Closing Date Has the meaning specified in the Note Purchase Agreement.

  • Applicable Closing Date Has the meaning specified in Section 5.01(b) of this Trust Supplement.

  • Closing Date Acquisition Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Subsequent Closing has the meaning set forth in Section 3.2.

  • Closing Date Term Loan has the meaning set forth in Section 2.4(a).

  • Incremental Facility Closing Date has the meaning set forth in Section 2.14(d).