Examples of 2009A Amendment Closing Date in a sentence
For purposes of this Option Award, “Long-Service Separation” means termination of employment after attainment of age 55 with 5 or more years of continuous service with the Company, as determined by the Company in its sole discretion.•Disability If your employment with the Company terminates by reason of Disability (as defined below), your unvested NQSOs will become fully vested.
The Borrower shall pay to the Agent Bank on the 2009A Amendment Closing Date for the benefit of the Banks in proportion to their respective Revolving Credit Facility Pro Rata Shares on the 2009A Amendment Closing Date, a waiver fee (the “Waiver Fee”) equal to 75/100 of one percent (0.75%) of the $50,000,000 of Revolving Loan Commitments.
The Borrower shall deliver to the Banks, within two Business Days after the 2009A Amendment Closing Date, the final versions of the audited financial statements for its 2008 fiscal year together with the final versions of the certificates and auditors’ opinion as required by Section 6.3 of the Loan Agreement, which financial statements and opinion shall be not subject to any footnote or qualification which specifies that the Borrower may not continue as a going concern for the year 2009.
The Borrower shall deliver to the Banks, within two Business Days after the 2009A Amendment Closing Date, the final versions of the audited financial statements for its 2008 fiscal year together with the final versions of the certificates and auditors’ opinion as required by Section 6.3 of the Loan Agreement************************************************************************************** OMITTED************************************************.
Prior to the 2009A Amendment Closing Date, the Borrower shall engage a financial advisor acceptable to the Banks and the holders of the $55,000,000 Senior Notes pursuant to the terms of an engagement agreement satisfactory to the Banks and the holders of the $55,000,000 Senior Notes after consultation with the Borrower (the “Borrower’s Financial Advisor”).
The Borrower, the Banks and the holders of the $55,000,000 Senior Notes agree that the firm of Xxxxxxx & Marsal is acceptable as of the 2009A Amendment Closing Date.