Amending and Restating definition
Examples of Amending and Restating in a sentence
The Creditor Parties and the Borrower acknowledge that on 5 December 2007 the Lenders advanced to the Borrower the total amount of $89,000,000 which was used to part-finance the acquisition cost of the Ships and as at the date of the Second Amending and Restating Agreement, the principal amount outstanding is $37,366,864.
Subject to the other provisions of this Agreement, the Lenders shall make available to the Borrower a term loan facility not exceeding, originally, $170,000,000 which the parties have agreed to reduce, on the date of the Amending and Restating Agreement, to an amount not exceeding the lesser of (a) $150,000,000 (including the amount outstanding by way of principal under this Agreement on the date of the Amending and Restating Agreement, being $81,000,000) and (b) 60 per cent.
The following are the documents referred to in Clause 2.2(a) required on or prior to the date of the Amending and Restating Agreement.
At the date of the Amending and Restating Agreement, the Borrower is in compliance with Clauses 11.2, 11.4, 11.9 and 11.12.
The Borrower represents and warrants on the date of the Amending and Restating Agreement (which representations and warranties shall survive the execution of this Agreement and shall be deemed repeated throughout the Security Period on the last day of each Interest Period with respect to the facts and circumstances then existing) to each Creditor Party as follows.
This Exit Date Amendment Amending and Restating the Amended and Restated San ▇▇▇▇ Project Participation Agreement, including all exhibits and attachments hereto, and as may be modified or amended from time to time.
By a facility agreement dated 30 May 2008 (the “Original Agreement” as amended and supplemented by an Amending and Restating Deed dated 9 June 2010, and by supplemental agreements dated 20 May 2013, 13 March 2014 and 30 June 2017, together, the “Facility Agreement”) and made between the parties hereto the Lenders have made available to the Borrowers a loan, of which USD37,500,000 is outstanding at the date hereof.
PART A The following are the documents referred to in Clause 2.2(a) required on or prior to the date of the Amending and Restating Agreement.
The Borrowers shall, following the effective date (as defined therein) of the First Amending and Restating Deed pay the Excess Cash Flow up until that date, as evidenced in the relevant Excess Cash Flow Notice, at the end of the next Interest Period following that effective date.
Any of the conditions referred to in Clause 3.3 (conditions subsequent) of the 2022 Amending and Restating Agreement is not satisfied (or waived by the Agent) in writing within the time required by the Agent.