Examples of Fourth Amendment Effective Date in a sentence
The Administrative Agent and the Lenders shall have received all amounts due and payable on or prior to the Fourth Amendment Effective Date, including, to the extent invoiced at least one (1) Business Day prior to the Fourth Amendment Effective Date, reimbursement or payment of all documented out-of-pocket expenses required to be reimbursed or paid by the Borrower under the Credit Agreement.
The Borrower will not permit Shareholders’ Equity at the last day of any fiscal quarter of the Borrower to be less than $429,000,000 $946,600,000 plus 25% of the net proceeds from the sale of Equity Interests by the Borrower and its Subsidiaries after the Fourth Amendment Effective Date, other than proceeds of sales of Equity Interests by and among the Borrower and its Subsidiaries.
Effective as of the Fourth Amendment Effective Date, each of the Lender Parties agrees that until the expiration or termination of the Forbearance Period, it will temporarily forbear from exercising its default-related rights and remedies (including (A) their rights and remedies under that certain Second Amended and Restated Personal Limited Guaranty Agreement dated as of August 30, 2023 by and among Dxxxx X.
The Administrative Agent shall have received a certificate of a Responsible Officer of the Borrower, dated the Fourth Amendment Effective Date, certifying as to the satisfaction of the conditions contained in Sections 3.3 and 3.4 hereof.
From and after the Fourth Amendment Effective Date, all references in the Amended Credit Agreement, and each of the other Loan Documents to the “Credit Agreement” shall be deemed to be references to the Amended Credit Agreement.