Examples of Third A&R Date in a sentence
The Administrative Agent (or its counsel) shall have received one or more reasonably satisfactory written opinions of Dechert LLP, counsel for the Company and the Permitted Subsidiary, covering such matters relating to the Permitted Subsidiary, this Agreement and the other Loan Documents entered into as of the Third A&R Date as the Administrative Agent shall reasonably request in writing.
The Administrative Agent has received an officer's certificate of a responsible officer of the Company certifying that, as of the Third A&R Date, the Company is Solvent.
On the Third A&R Date, and after giving effect to the amendment and restatement of this Agreement described in Section 12.17, no Reliant Default has occurred and is continuing or would result from the consummation of the amendment and restatement described in Section 12.17 or the resulting transactions contemplated by this Agreement or any other Transaction Document.
Engage, or permit any Subsidiary to engage, in any business other than the Retail Energy Business, except to such extent as would not be material to the Reliant Retail Obligors taken as a whole; provided that on and after the Third A&R Date the Reliant Retail Obligors shall not enter into any Prohibited New C&I Contracts.
Have sufficient officers and employees that, taken together with the services provided under arm’s length service contracts (including the NRG Parent Service Agreement and the Transition Services Agreement, if then in effect), RERH Holdings and its Subsidiaries can run the Retail Energy Business in a manner consistent with the business operations of the Retail Energy Business as of the Third A&R Date and provide the Retail Provided Services in accordance with the NRG Parent Services Agreement.
Own the Marks necessary to run the Retail Energy Business using the “Reliant” name consistent with the arrangements in place for the Retail Energy Business as of the Third A&R Date.
The Administrative Agent has received an officer’s certificate of a responsible officer of the Company certifying that, as of the Third A&R Date, the Company is Solvent.
On the Third A&R Date, RERH Holdings and its Subsidiaries own or have access to (through arm’s length licenses and other arrangements) the Marks.
Immediately prior to the Third A&R Date, and before giving effect to the amendment and restatement of this Agreement described in Section 12.17, no Reliant Default had occurred and was continuing.
Except for the provisions of the NRG Parent Services Agreement or any replacement thereof with respect to tax matters entered into in accordance with Section 7.15, neither RERH Holdings nor any Subsidiary thereof is party to any tax sharing agreement that would create any liability for taxes (for any period either before or after the Third A&R Date), after taking into account the provisions of the NRG Parent Services Agreement or any such replacement.