Restated Credit Agreement. The Restated Credit Agreement and the Restated Credit Agreement Security Documents shall be in effect and all conditions precedent to the effectiveness of the Restated Credit Agreement shall have been fulfilled or waived.
Restated Credit Agreement properties and to conduct its business. Each Borrower and each Operator which owns or operates a Borrowing Base Asset that is a skilled nursing facility has such Licenses as are necessary under applicable law or regulations to provide any Medical Services offered at the Borrowing Base Asset and receive reimbursement under Medicare, Tricare (if applicable) and Medicaid (including without limitation such permits as are required under such federal, state and other health care laws, and under such HMO or similar licensure laws and such insurance laws and regulations, as are applicable thereto).
Restated Credit Agreement. Except as expressly modified ----------- ------------------------- as contemplated hereby, the Restated Credit Agreement and the other Loan Documents are hereby confirmed to be in full force and effect in accordance with their respective terms. Section 3.2.
Restated Credit Agreement. TYLER TECHNOLOGIES, INC. Page 11
Restated Credit Agreement. EXHIBIT A-1 EXECUTED effective as of the date first written above. TYLER TECHNOLOGIES, INC. By: Bxxxx X. Xxxxxx, Vice President-Finance SECOND AMENDED AND RESTATED CREDIT AGREEMENT – EXHIBIT A-1 EXHIBIT A-2 Form of Letter of Credit Facility Note SECOND AMENDED AND RESTATED PROMISSORY NOTE (Letter of Credit Facility) $6,000,000 Dallas, Texas October 20, 2008 FOR VALUE RECEIVED, the undersigned, TYLER TECHNOLOGIES, INC., a Delaware corporation (the “Undersigned”), promises to pay to the order of BANK OF TEXAS, N.A., a national banking association, and any successors and assigns (the “Payee”), at 5000 Xxxxxx Xxxx, Suite 1100, Dallas, Texas 75225, the principal sum of Six Million and no/100 Dollars ($6,000,000) (or the unpaid balance of all principal advanced under this Note, if that amount is less) together with interest on the unpaid principal balance of this Note from day to day outstanding, as hereinafter provided. All capitalized terms herein, unless otherwise defined, shall have the same definitions as those found in that certain Second Amended and Restated Credit Agreement by and between the Undersigned and Payee dated of even date herewith, as amended on the date hereof (as amended, the “Credit Agreement”). This Note amends and restates in its entirety that certain Amended and Restated Promissory Note (Letter of Credit Facility) (the “Existing Note”) dated January 31, 2007, executed by the Undersigned, payable to Bank of Texas, N.A. in the principal amount of $10,000,000.00. All Liens securing the Existing Note are renewed and continued (and are not extinguished hereby) and secure this Note. This Note shall evidence the Undersigned’s indebtedness to Payee for Payee’s portion of the Letter of Credit Commitment, and advances made thereunder. The Loan shall bear interest on the unpaid principal amount thereof from time to time outstanding, until maturity, at the interest rates as provided in, and pursuant to the terms of, the Credit Agreement. Interest and principal on this Note shall be due and payable as provided in the Credit Agreement. The final principal payment and any unpaid interest owing hereunder shall be due and payable in full on the Maturity Date. The principal balance hereof may be, and shall be required to be, prepaid as provided in the Credit Agreement. This Note is a revolving promissory note; therefore, amounts advanced hereunder may be repaid, readvanced and repaid pursuant to the terms set forth in the Credit Agreement. At the option o...
Restated Credit Agreement. Section 5(m) of the Loan Agreement is amended to replace each reference to “ABL Credit Agreement” with “Restated Credit Agreement.”
Restated Credit Agreement. The Restated Credit Agreement dated as of the date hereof, between the Grantors, the Lenders and the Administrative Agent shall have been duly executed, delivered and become effective.
Restated Credit Agreement. Effective on the Restatement Effective Date, the Existing Credit Agreement (excluding the exhibits and schedules thereto) is hereby amended and restated to read in its entirety as set forth in Exhibit A hereto (as so amended and restated, referred to as the “Restated Credit Agreement”) and the exhibits and schedules to the Existing Credit Agreement shall constitute exhibits and schedules to the Restated Credit Agreement, except that Schedules 1.2 and 1.4 shall be deleted in their entireties and the Pricing Schedule, Schedule 1.1, Schedule 5.8, Schedule 5.14, Schedule 6.16, Schedule 6.17 and Exhibits B – I shall be amended and restated in their respective entireties in the forms of the Pricing Schedule, Schedule 1.1, Schedule 5.8, Schedule 5.14, Schedule 6.16, Schedule 6.17 and Exhibits B – I attached hereto. From and after the effectiveness of such amendment and restatement, the terms “Agreement,” “this Agreement,” “herein,” “hereinafter,” “hereto,” “hereof” and words of similar import, as used in the Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Restated Credit Agreement, and the term “Credit Agreement,” as used in the other Loan Documents, shall mean the Restated Credit Agreement.
Restated Credit Agreement. Signature pages hereto signed by the Company, each of the Lenders and the Administrative Agent (it being understood that Administrative Agent may rely on a facsimile of any signature page as if it were an original).
Restated Credit Agreement aggregate do not materially impair the use of such Property for the purposes of which such Property is held by the Borrower or any Subsidiary or materially impair the value of such Property subject thereto; (g) minor defects and irregularities in title to any Property which do not secure any monetary obligations and which in the aggregate do not materially impair use of such Property for the purposes for which such Property is held by the Borrower and any Subsidiary or materially impair the value of such Property subject thereto; (h) Liens on cash or securities pledged to secure performance of tenders, surety and appeal bonds, government contracts, performance and return of money bonds, bids, trade contracts, leases, statutory obligations, regulatory obligations and other obligations of a like nature incurred in the ordinary course of business and (i) judgment and attachment Liens not giving rise to an Event of Default, provided that any appropriate legal proceedings which may have been duly initiated for the review of such judgment shall not have been finally terminated or the period within which such proceeding may be initiated shall not have expired and no action to enforce such Lien has been commenced; provided, further that Liens described in clauses (a) through (e) shall remain "Excepted Liens" only for so long as no action to enforce such Lien has been commenced and no intention to subordinate the first priority Lien granted in favor of the Administrative Agent and the Lenders is to be hereby implied or expressed by the permitted existence of such Excepted Liens.
