Examples of Third Amended and Restated Effective Date in a sentence
Upon the Third Amended and Restated Effective Date, this Agreement shall amend and restate and replace in its entirety the Second Amended and Restated Credit Agreement.
As of the Third Amended and Restated Effective Date, each Subsidiary’s jurisdiction of organization, name as listed in the public records of its jurisdiction of organization, federal taxpayer identification number and organizational identification number in its jurisdiction of organization is stated on Schedule 7.14.
As of the Third Amended and Restated Effective Date, the “Aggregate Elected Commitments” and “Aggregate Maximum Credit Amounts” as defined in the 2014 Credit Agreement are hereby terminated and the Administrative Agent and the Lenders hereby waive any right to receive prior notice of such termination.
The representations and warranties of the Purchaser contained in this Agreement shall be true and correct in all material respects at and as of the Third Amended and Restated Effective Date after giving effect to the transactions contemplated by this Agreement, as if made on and as of such date, and the Purchaser shall have performed or satisfied all of its covenants and agreements hereunder to be performed or satisfied on or prior to the Third Amended and Restated Effective Date.
Within sixty (60) days following the Third Amended and Restated Effective Date, the Borrower shall deliver to Agent and the Lenders a report of the field examination of the Accounts Receivable and Inventory of Borrower and its Subsidiaries (the "Field Audit") which shall be in a form reasonably satisfactory to Agent.
Each Lender agrees upon the Third Amended and Restated Effective Date to return to the Borrower within 30 days all “Notes” as defined in the 2014 Credit Agreement which were delivered by the Borrower and, to the extent such Notes are not returned within such time period, the Borrower shall be entitled to receive a lost note affidavit containing customary indemnities in favor of the Borrower.
The Borrower agrees to pay to the Administrative Agent for the account of each Lender, ratably in accordance with its Applicable Percentage, a commitment fee, which shall accrue at the applicable Commitment Fee Rate on the average daily amount of the excess of such Lender’s Commitment over such Lender’s Credit Exposure during the period from and including the Third Amended and Restated Effective Date to but excluding the Termination Date.
Each of the representations and warranties given by Borrower in the Agreement are true and correct in all material respects as of the Third Amended and Restated Effective Date, except to the extent such representations and warranties are expressly made as of a specified date in which event such representations and warranties shall be true and correct in all material respects as of such specified date.
Upon the transfer of the aggregate amount of the Synthetic Deposit Account into the Term L/C Facility Collateral Account on the Third Amended and Restated Effective Date pursuant to Section 2.1(c) hereof, the Term L/C Facility Loans shall accrue interest at a rate per annum equal to the sum of the Eurodollar Rate for the relevant Interest Period plus the Applicable Margin.
The stated principal balances of the Term B Note and the Term D Note will evidence the outstanding principal balances of the Second Amended Term B Note and the Original Term D Note, respectively, on and as of the Third Amended and Restated Effective Date.