Examples of Third Amendment and Restatement Effective Date in a sentence
For purposes of determining withholding taxes imposed under FATCA, from and after the Third Amendment and Restatement Effective Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
Notwithstanding the foregoing, no Permitted Amendment shall become effective unless the Administrative Agent, to the extent reasonably requested by the Administrative Agent, shall have received legal opinions, board resolutions, officer’s and secretary’s certificates and other documentation consistent with those delivered on the Third Amendment and Restatement Effective Date under this Agreement.
As of the Third Amendment and Restatement Effective Date, the information included in the Beneficial Ownership Certification, if applicable, is true and correct in all respects.
A certificate executed by the Treasurer or Assistant Treasurer of the Company on behalf of the Company certifying that as of the Third Amendment and Restatement Effective Date, since December 31, 2020 there has been no Material Adverse Effect; provided that any change in the market price, credit rating or trading value of the securities of the Company or its Subsidiaries shall not, by itself, be taken into account in determining whether there has been such a Material Adverse Effect.
A fully executed copy of this Agreement and, for each Bank requesting the same at least two (2) Business Days prior to the Third Amendment and Restatement Effective Date, a Note of the Company payable to such Bank.