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.
A certificate signed by the chief financial officer or chief executive officer of the Borrower dated as of the Third Amended and Restated Effective Date, proposing any necessary changes to the Schedules to this Agreement in form and substance reasonably satisfactory to the Agent occurring after the Original Closing Date.
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.
Such commitment fees shall be payable by the Borrower in arrears on each Quarterly Payment Date, commencing with the first such day following the Third Amended and Restated Effective Date and on the Revolving Commitment Termination Date.
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.
The parties hereto agree that this Agreement amends, restates and rearranges the 2014 Credit Agreement in its entirety and that all Loans outstanding under the 2014 Credit Agreement on the Third Amended and Restated Effective Date shall be and be deemed to be Loans (of the same Type and having the same Interest Periods) made and Letters of Credit issued under this Agreement, and shall thereafter be evidenced and governed by the terms and conditions of this Agreement.
During the twelve-consecutive-month period prior to the Third Amended and Restated Effective Date and prior to the date of any Borrowing hereunder, no steps have been taken to terminate any Pension Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA.
As of the Third Amended and Restated Effective Date, after giving effect to the consummation of the transaction contemplated by the Loan Documents and the payment of all fees, costs and expenses payable by the Borrower with respect to the transactions contemplated by the Loan Documents, the Borrower and its Subsidiaries are Solvent on a consolidated basis.
Effective on and as of the Third Amended and Restated Effective Date, this Agreement shall supersede the Second Amended and Restated Securities Purchase Agreement insofar as the two are inconsistent.
On the Third Amended and Restated Effective Date, Borrower believed that the Projections were reasonable and attainable, it being understood that uncertainty is inherent in any forecasts or projections and that no assurance can be given that the results set forth in the Projections will actually be obtained.