Sixth Amendment Transactions definition

Sixth Amendment Transactions the Sixth Amendment Acquisition, together with each of the following transactions consummated or to be consummated in connection therewith: (a) the Borrower obtaining the Incremental B-2019 Term Loans; (b) if applicable, the other transactions described in the Sixth Amendment Acquisition Agreement; (c) the repayment (or the giving of notice for the repayment thereof) of certain Indebtedness of the entities acquired directly or indirectly by the Borrower in the Sixth Amendment Acquisition as provided in Section 2.04(d) of the Sixth Amendment Acquisition Agreement (the “Sixth Amendment Refinancing”); and (d) the payment of fees, costs and expenses incurred in connection with the transactions described in the foregoing provisions of this definition (the “Sixth Amendment Transactions Costs”).
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Sixth Amendment Transactions shall have the meaning specified in the Sixth Amendment.
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Sixth Amendment Transactions means (a) the execution, delivery and performance of (1) the Senior Credit Agreement and the transactions contemplated thereby, the (2) the Fifth Amendment and the transactions contemplated thereby and (3) the Sixth Amendment to the ABL Loan Documents, (b) the refinancing of the Indebtedness under the Senior Credit Agreement on the Sixth Amendment Effective Date, (c) the execution, delivery and performance by each Loan Party of the Seventh Amendment to the ABL Loan Documents, (d) the execution, delivery and performance by each Loan Party of the Sixth Amendment and the transactions contemplated thereby, (e) the execution, delivery and performance by each Loan Party of the Junior Loan Documents and the transactions contemplated thereby, including the issuance of warrants and preferred equity interests of the Borrower pursuant thereto, and (f) the payment of the fees and expenses payable in connection with the foregoing.
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Examples of Sixth Amendment Transactions in a sentence

  • On the Sixth Amendment Effective Date, the Borrower shall use the proceeds of the Tranche B-3 Term Loans to finance a portion of the Sixth Amendment Transactions.

  • The proceeds of the Sixth Amendment Incremental Term Loans shall be used to finance a portion of the Sixth Amendment Transactions and/or for general corporate purposes (including Permitted Acquisitions, other Investments permitted by this Agreement and other uses not prohibited by this Agreement).

  • The proceeds of the Sixth Amendment Replacement Term Loans shall be used to finance all or a portion of the Sixth Amendment Transactions (including the “Refinancing” (as defined in the Sixth Amendment)).

  • The Administrative Borrower shall be in Financial Covenant Compliance after giving pro forma effect to the incurrence of the Refinancing Revolving Commitments and the other Sixth Amendment Transactions.

  • As of the Sixth Amendment Effective Date, immediately before and after giving effect to this Agreement and the Sixth Amendment Transactions, no Default or Event of Default shall have occurred and be continuing.

  • No Event of Default exists immediately prior to, or shall exist immediately after, giving effect to the Sixth Amendment Transactions.

  • The Borrowers shall have paid to the Administrative Agent for the pro rata benefit of each Initial Term Loan Lender immediately following the Sixth Amendment Effective Date (which for the avoidance of doubt, shall not include the Selling Lenders and the Sixth Amendment Term Loan Lenders), an amendment fee (the “Amendment Fee”) equal to 1.00% of the Initial Term Loans outstanding immediately following the Sixth Amendment Transactions.


More Definitions of Sixth Amendment Transactions

Sixth Amendment Transactions means (i) the repayment of the Initial Term Loans set forth on Schedule 1 of the Sixth Amendment to the Selling Lenders set forth on such schedule, together with all accrued and unpaid interest thereon, and (ii) the payment of fees and expenses in connection with the Sixth Amendment and the foregoing.
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Sixth Amendment Transactions has the meaning assigned to the term “Transactions” in the Sixth Amendment.
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Sixth Amendment Transactions has the meaning assigned to the term “Transactions” in the Sixth Amendment. “SOFR”: with respect to any U.S. Government Securities Business Day, a rate per annum equal to the secured overnight financing rate for such U.S. Government Securities Business Day published by the SOFR Administrator on the SOFR Administrator’s Website on the immediately succeeding U.S. Government Securities Business Day. “SOFR Administrator”: the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate). “SOFR Administrator’s Website”: the website of the Federal Reserve Bank of New York, currently at xxxx://xxx.xxxxxxxxxx.xxx, or any successor source for the secured overnight financing rate identified as such by the SOFR Administrator from time to time. “SOFR Rate Day”: has the meaning assigned to such term in the definition of “Daily Simple SOFR”. “Solvency Certificate”: a solvency certificate from the Chief Financial Officer of the Parent Borrower substantially in the form of Exhibit K. “Solvent”: as of any date of determination, (a) the fair value of the assets of the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, at a fair valuation, will exceed their debts and liabilities, subordinated, contingent or otherwise, (b) the present fair saleable value of the assets of the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, will be greater than the amount that will be required to pay the probable liabilities on its debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured, (c) the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, will be able to pay their debts and liabilities, subordinated, continent or otherwise, as such debts and liabilities become absolute and matured and (d) the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, will not 51
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Related to Sixth Amendment Transactions

  • Sixth Amendment means the Sixth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of November 5, 2021, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.

  • Fifth Amendment means the Fifth Amendment to Fifth Amended and Restated Credit Agreement dated as of August 25, 2016, among the Borrower, the Lenders party thereto, the Administrative Agent and the other Persons party thereto.

  • Third Amendment means that certain Third Amendment to Amended and Restated Credit Agreement dated as of the Third Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Eighth Amendment means the Eighth Amendment to Second Amended and Restated First Lien Credit Agreement dated as of May 23, 2014 among the Borrower, EPL, the Lenders, the Administrative Agent and the other Persons party thereto.

  • Eleventh Amendment means that certain Eleventh Amendment to Credit Agreement, dated as of April 29, 2022, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent, the Lenders party thereto, the Revolving Letter of Credit Issuers and the various other parties party thereto.

  • Fourth Amendment means that certain Fourth Amendment to Credit Agreement, dated as of August 17, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders and other Credit Parties party thereto.

  • 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.

  • Second Amendment means that certain Second Amendment to Second Amended and Restated Credit Agreement dated as of May 1, 2020, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Tenth Amendment means that certain Tenth Amendment to Credit Agreement, dated as of November 15, 2019, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent and the Lenders party thereto.

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

  • Seventh Amendment means the Waiver and Seventh Amendment to Sixth Amended and Restated Credit Agreement dated as of the Seventh Amendment Effective Date among the Borrower, the Administrative Agent and the Lenders.

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

  • First Amendment means that certain First Amendment to Credit Agreement, dated as of February 27, 2017, among the Loan Parties, the Administrative Agent and the Lenders party thereto.

  • Ninth Amendment means the Ninth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of February 11, 2022, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Third Amendment Date means June 23, 2020.

  • Second Amendment Date means February 26, 2019.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Fourth Amendment Date means April 30, 2021.

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

  • Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time.

  • First Amendment Date means February 21, 2019.

  • Incremental Agreement shall have the meaning provided in Section 2.14(e).

  • Specified Acquisition Agreement Representations means such of the representations and warranties in the Acquisition Agreement made by the Acquired Company with respect to the Acquired Company and its subsidiaries as are material to the interests of the Lenders, but only to the extent that the Borrower (and/or its applicable Affiliate) has the right to terminate its and/or such Affiliate’s obligations under the Acquisition Agreement as a result of a breach of such representations in the Acquisition Agreement.

  • Alternative Acquisition Agreement has the meaning set forth in Section 5.3(d).

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