Third Restatement Date Clause Samples

Third Restatement Date. The obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):

Third Restatement Date. The amendment and restatement of the Existing ABL Credit Agreement and the obligations of the Lenders to make Loans and of the Issuing Banks to issue Letters of Credit under this Agreement shall not become effective until the date on which each of the following conditions are satisfied (or waived in accordance with Section 9.02):

Third Restatement Date. On the Third Restatement Date, (i) each Existing Letter of Credit, to the extent outstanding, shall constitute a Facility A Letter of Credit hereunder, (ii) each such Existing Letter of Credit shall be included in the calculation of LC Exposure and “Facility A LC Exposure” and (iii) all liabilities of Office Depot and the other Loan Parties with respect to such Existing Letters of Credit shall constitute Obligations.

Third Restatement Date. The amendments to the Existing Credit Agreement embodied in this Agreement shall not be effective (in which case the Existing Credit Agreement shall remain in full force and effect) unless and until the following conditions precedent have been satisfied: (a) The Administrative Agent shall have received, on behalf of itself, the Senior Managing Agents, the Managing Agents, the Collateral Agent, the Lenders and the Fronting Bank, a favorable written opinion of each of (i) ▇▇▇▇▇ ▇. ▇▇▇▇, Vice President, Secretary and General Counsel of SSCC, JSCE, SNC, JSC Capital, JSC ▇▇▇▇▇▇▇ and the Borrower, substantially in the form of Exhibit D-1, and (ii) Winston & ▇▇▇▇▇▇, counsel for SSCC, JSCE, SNC, JSC Capital, JSC ▇▇▇▇▇▇▇ and the Borrower, substantially in the form of Exhibit D-2, in each case (A) dated the Third Restatement Date, (B) addressed to the Administrative Agent, the Senior Managing Agents, the Managing Agents, Collateral Agent, the Lenders and the Fronting Bank and (C) covering such other matters relating to the Loan Documents and the Transactions as the Administrative Agent shall reasonably request. SSCC, JSCE, SNC, JSC Capital, JSC ▇▇▇▇▇▇▇ and the Borrower hereby instruct such counsel to deliver such opinions. (b) All legal matters incident to this Agreement, the Transactions and the Borrowings and extensions of credit hereunder and the other Loan Documents shall be reasonably satisfactory to the Administrative Agent, Required Lenders, the Fronting Bank and to Cravath, Swaine & ▇▇▇▇▇, counsel for the Administrative Agent. (c) The Administrative Agent shall have received each of the items referred to in clauses (i), (ii) and (iii) below with respect to each Loan Party: (i) a copy of the certificate of incorporation, including all amendments thereto, of each Loan Party, certified as of a recent date by the Secretary of State of the state of its organization, and a certificate as to the good standing of each Loan Party as of a recent date, from such Secretary of State; (ii) a certificate of the Secretary or Assistant Secretary of each Loan Party dated the Third Restatement Date and certifying (A) that attached thereto is a true and complete copy of the by-laws of such Loan Party, as in effect on the Third Restatement Date and at all times since a date prior to the date of the resolutions described in clause (B) below, (B) that attached thereto is a true and complete copy of resolutions duly adopted by the Board of Directors of such Loan Party, authorizing ...

Third Restatement Date. On the Third Restatement Date: (a) The Administrative Agent shall have received a Borrowing Request as required by Section 2.03 (or a Borrowing Request shall have been deemed given in accordance with the last paragraph of Section 2.03). (b) The representations and warranties set forth in Article III hereof shall be true and correct in all material respects as of such date, with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects as of such earlier date).