Examples of Third Incremental Effective Date in a sentence
The Administrative Agent shall have received an updated Perfection Certificate not less than twenty days and no more than thirty days prior to the Third Incremental Effective Date.
On the Third Incremental Effective Date, Section 2.13(a) of the Credit Agreement shall be amended byinserting the text “with respect to Revolving Facility Commitments other than Third Incremental Revolving Facility Commitments and equal to 4.50% per annum with respect to Third Incremental Revolving Facility Commitments” immediately following the text “0.50% per annum” set forth therein.
On or prior to the Third Incremental Effective Date, the applicable Borrowers shall submit aBorrowing Request to the Administrative Agent for Borrowings under the Third Incremental Revolving Facility Commitments in an amount sufficient to repay on the Third Incremental Effective Date all amounts outstanding with respect to the existing European Tranche, Canadian Tranche and U.S. Tranche, and the Administrative Agent shallapply the proceeds of such Borrowings to the repayment of such Tranches.
Nothing herein containedshall be construed as a substitution or novation of the Loans outstanding under the Credit Agreement, which shall remain outstanding after the Third Incremental Effective Date as modified hereby.
The Administrative Agent and the Incremental Lenders shall have received all fees and other amounts due and payable on or prior to the Third Incremental Effective Date pursuant to the Commitment Letter in connection with the Amendment Transactions, it being agreed that the Administrative Agent and the Incremental Lenders waive their right to receive compensation pursuant to Section 2.17 of the Credit Agreement on any existing Revolving Facility Loan of such Incremental Lenders.
On the Third Incremental Effective Date, Section 2.01(a) of the Credit Agreement shall be amended byinserting the text “(or following the Third Incremental Effective Date, the total European Tranche Commitments)” immediately following the text “exceeding $125.0 million” set forth therein.
Notwithstanding any provision of this Amendment, the provisions of Sections 2.16, 2.17, 2.18 and 9.05 of the Credit Agreement as in effect immediately prior to the Third Incremental Effective Date will continue to be effective as to all matters arising out of or in any way related to facts or events existing or occurring prior to the Third Incremental Effective Date.
As of the Third Incremental Effective Date, any reference to the Credit Agreement shall mean the Credit Agreement as modified hereby.
On the Third Incremental Effective Date, all outstanding Letters of Credit issued under the existing European Tranche and all outstanding Letters of Credit and B/A's issued under the existing Canadian Tranche shall be deemed Letters of Credit or B/A's, as applicable, outstanding under the corresponding Tranche of the Third Incremental Revolving Facility Commitments.
The representations and warranties set forth in Article III of the Credit Agreement are true and correct in all material respects on and as of the Third Incremental Effective Date, with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects as of such earlier date).