Third Amendment and Restatement Agreement definition
Examples of Third Amendment and Restatement Agreement in a sentence
Subject to and upon the terms and conditions set forth herein and in the Third Amendment and Restatement Agreement, each Lender severally agrees to make Term Loans to the Borrower in the amount of its Term Commitment, which (i) shall be incurred pursuant to a single Borrowing on the Third Amendment and Restatement Effective Date, (ii) shall be made and maintained in dollars and (iii) at the option of the Borrower, shall be incurred and maintained as, and/or converted into, ABR Loans or LIBO Rate Loans.
The provisions of this paragraph shall not apply to (i) Non-Extended Synthetic L/C Loans, which shall be made and applied as set forth in Section 2.03(c), (ii) Revolving Credit Loans deemed requested and made as set forth in Section 2.03(c) or 2.04(c) or (iii) Tranche S Term Loans, which were made pursuant to Section 4(a) of the Third Amendment and Restatement Agreement.
This Agreement shall become effective as provided in the Third Amendment and Restatement Agreement.
On November 2, 2004, Holdings, Intermediate Holdings, the U.S. Borrower, the Administrative Agent and certain Lenders entered into an Amendment and Restatement Agreement (the "Third Amendment and Restatement Agreement") pursuant to which the Second Amended and Restated Credit Agreement was amended and restated in its entirety (as so amended and restated, the "Existing Credit Agreement").
Subject to the terms and conditions set forth herein and in the Third Amendment and Restatement Agreement, each Lender having a Tranche E Term Loan Commitment made a Tranche E Term Loan to the U.S. Borrower on the Restatement Effective Date in a principal amount equal to its Tranche E Term Loan Commitment.