Examples of Thirteenth Amendment Closing Date in a sentence
Each of the representations and warranties (as amended hereby) made by the Borrower in Article 3 of the Credit Agreement are true and correct on and as of the Thirteenth Amendment Closing Date (except those representations and warranties that address matters only as of a particular date, which are true and correct as of that date), and are incorporated herein as though fully set forth.
At all times between the Thirteenth Amendment Closing Date through December 31, 2011, either Borrower, Parent or Dialogic US shall maintain a cash balance of at least $3,000,000 in a Controlled Account (as defined in the Security Agreement delivered by Borrower and Guarantors to Agent) located in either the United States or Canada.
At all times between the Thirteenth Amendment Closing Date through December 31, 2011, Borrower shall maintain a cash balance of at least $3,000,000 in a Controlled Account (as defined in the Security Agreement delivered by Borrower and Guarantors to Agent).
Effective as of the Thirteenth Amendment Closing Date, the Credit Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the conformed Credit Agreement attached as Exhibit A hereto.
All fees and other compensation (including, without limitation, attorneys' fees) required to be paid to the Lender pursuant hereto or pursuant to any other written agreement on or prior to the Thirteenth Amendment Closing Date shall have been paid or received.
As of the Thirteenth Amendment Closing Date, the Required Lenders and the Borrower agree that the amount of the Borrowing Base shall be $200,000,000 and such Borrowing Base shall remain in effect until the Borrowing Base is otherwise redetermined or adjusted in accordance with the Credit Agreement, or reduced pursuant to Section 3.2 hereof.
The Term Loan shall be evidenced by one or more secured promissory notes (collectively, the “Term Note”) in substantially the form attached hereto as Exhibit 2.4. On the Thirteenth Amendment Closing Date, Borrowers will execute and deliver to Agent the Third Amended and Restated Term Note, in the form attached to the Thirteenth Amendment as Exhibit A.