Effective Date Transactions. On the Effective Date, immediately preceding the effectiveness of the amendment and restatement provided for in Section 4, each of the parties hereto irrevocably agrees that each of the following shall occur without any additional conditions or actions of any party hereto:
Effective Date Transactions. Commencing at the Effective Time, the following events or transactions will occur, or be deemed to have occurred and be taken and effected, in the following order, in an uninterrupted sequence, in five minute increments (unless otherwise indicated) and at the times set out in this Section 4.3 (or in such other manner or order or at such other time or times as the Petitioners and the Requisite Consenting Parties may agree, each acting reasonably), without any further act or formality required on the part of any Person, except as may be expressly provided herein:
Effective Date Transactions. (a) With effect from and including the Effective Date, each Increasing Revolving Lender acknowledges that its Revolving Credit Commitment is increased by the amount of the Additional Revolving Facility Commitments set forth under such Increasing Revolving Lender’s name on the signature pages to this Agreement and after giving effect to this Amendment, the aggregate Revolving Credit Commitment of such Increasing Revolving Lender shall be as set forth on Schedule I hereto for such Increasing Revolving Lender under the caption “Revolving Credit Commitment”. With effect from and including the Effective Date, the Additional Revolving Facility Commitment of any Increasing Revolving Lender shall constitute a “Revolving Credit Commitment” for all purposes of the Amended Credit Agreement and the other Loan Documents and any Loans advanced by such Increasing Revolving Lender as part of its Additional Revolving Facility Commitment shall constitute “Revolving Loans” for all purposes of the Amended Credit Agreement and the other Loan Documents.
Effective Date Transactions. Subject to the satisfaction or waiver of the Closing Conditions, commencing at the Arrangement Effective Time on the Effective Date, the following transactions shall occur and shall be deemed to occur at the times and in the order set out below without any further authorization, act or formality required on the part of any Person, except as otherwise expressly provided herein:
Effective Date Transactions. As of the Effective Date, (a) the 10,592,540 Series A Convertible Preferred Units and the 409,024 Class A Common Units (as designated as such pursuant to the Original Agreement) acquired by the Initial MSI Member from ArcLight pursuant to the ArcLight UPA are hereby converted for all purposes into 11,001,564 Class A Common Units, all of which are hereby designated as Series A-2 Units, and the Initial MSI Member is the sole Series A-2 Member as of the Effective Date, (b) the 15,895,577 Class A Common Units (as designated as such pursuant to the Original Agreement) held by MHR and the Minority Owners are hereby converted for all purposes into 15,895,577 Class A Common Units, all of which are hereby designated as Series A-1 Units, and MHR and the other Persons identified on Schedule I hereto as Series A-1 Members are the sole Series A-1 Members as of the Effective Date and (c) the 894,102 Class B Common Units (as designated as such pursuant to the Original Agreement) held by the Persons identified on Schedule I hereto as Class B Members are hereby converted for all purposes into 894,102 Class B Common Units, and the Persons identified on Schedule I hereto as Class B Members are the sole Class B Members as of the Effective Date (collectively, the “Effective Date Transactions”).
Effective Date Transactions. With effect from and including the Effective Date (as defined below), each Person identified on the signature pages hereof as an Existing Lender, an Increasing Lender or a New Lender (each, a “Sixth Amendment Term Lender”) shall become party to the Amended Credit Agreement as a “Term Lender” and shall have a Term Commitment in the amount set forth in Column D or Column E (as applicable) on the signature page to this Amendment for such Sixth Amendment Term Lender (such Term Commitment, a “Sixth Amendment Term Commitment”) (subject to the terms of the cashless settlement letter of even date herewith) and shall have all of the rights and obligations of a “Lender” and a “Term Lender” under the Amended Credit Agreement and the other Loan Documents. Credit Agreement
Effective Date Transactions. Notwithstanding the foregoing, this Section 10.3(d) shall not apply to Taxes, other than Taxes that represent liabilities, obligations, losses, damages, penalties, claims, costs, expenses or disbursements relating to or arising from any non-Tax action, judgment, suit or claim.
Effective Date Transactions. The foregoing consent is given solely with respect to the TL Amendment No. 3 and the Amendment No. 3 Effective Date Transactions on a one time basis and shall not be deemed to operate as, or obligate the Lenders or the Administrative Agent to grant any, future consent, waiver or modification of Section 6.1 of the Credit Agreement or of any other term, condition, breach, Default, or Event of Default under the Credit Agreement or the other Credit Documents. The granting of such consent shall not constitute, or be deemed to constitute, a course of conduct on the part of the Lenders and the Administrative Agent.
Effective Date Transactions. (a) With effect from and including the Amendment No. 5 Effective Date, each 2021 Incremental Term Lender shall become party to the Amended Credit Agreement as a “Lender” and a “2021 Incremental Term Lender” and shall lend Incremental Term Loans in the amount equal to its respective 2021 Incremental Term Loan Commitment, which amount shall be set forth on Schedule 1-A, and shall have all of the rights and obligations of a “Lender”, a “Term Lender”, and a “2021 Incremental Term Lender” under the Amended Credit Agreement and the other Loan Documents. (b) On the Amendment No. 5 Effective Date after giving effect to the Refinancing, each Existing Term Lender shall cease to be a Lender party to the Credit Agreement with respect to the Initial Term Loans (and, for the avoidance of doubt, shall not be a party to the Amended Credit Agreement as a Lender of Initial Term Loans), and all accrued and unpaid interest, premiums, fees and other amounts now due and payable (other than contingent obligations not then due and payable and that by their terms survive the termination of the Credit Agreement) under the Credit Agreement for the account of each Existing Term Lender with respect to Existing Term Loans shall be due and payable on the Amendment No. 5
Effective Date Transactions. Simultaneously with the effectiveness of this Agreement, all “Loans” (as defined in the Existing Credit Agreement) outstanding under the Existing Credit Agreement immediately prior to the effectiveness of this Agreement shall be paid in full with the proceeds of Loans made or deemed made by each Lender under this Agreement on the Effective Date in accordance with the Notice of Borrowing in respect thereof, and the Administrative Agent shall make such transfers of funds as are necessary (in each case after giving effect to the making of any Loans to be made on the Effective Date and any netting transactions effected by the Administrative Agent) in order that (a) the aggregate outstanding principal amount of Revolving Loans shall be held by the Revolving Lenders pro rata in accordance with the amount of the Revolving Commitments set forth on Schedule I and (b) the Term Loans shall be fully funded, and the aggregate outstanding principal amount of Term Loans shall be held by the Term Loan Lenders pro rata in accordance with the amount of the Term Loan Commitments set forth on Schedule I. Simultaneously with the effectiveness of this Agreement, each “Note” (as defined in the Existing Credit Agreement) issued to any “Lender” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement shall be deemed superseded and replaced by the Notes issued on the Effective Date to such Lender under this Agreement.
