Examples of Amendment Effective Date Transactions in a sentence
The Administrative Agent shall have received evidence satisfactory to it in its sole discretion that all equity holder and board of directors (or comparable entity management body) authorizations of the Parent and the Borrower necessary or, in the discretion of the Administrative Agent, advisable in connection with the Ninth Amendment Effective Date Transactions and the continuing operations of the Parent, the Borrower and its subsidiaries shall have been obtained and shall be in full force and effect.
Immediately before and after giving effect to the making of the Tranche C Term Loans and the Tranche D Term Loans on the Second Amendment Effective Date and the consummation of the other Second Amendment Effective Date Transactions, the Parent and its Subsidiaries, on a consolidated basis, are Solvent.
After giving effect to the Loans hereunder, the Amendment Effective Date Transactions and the other transactions contemplated hereby, the Credit Parties and their Restricted Subsidiaries, on a consolidated basis, are Solvent.
Before and after giving effect to this Amendment and the Amendment Effective Date Transactions, no Default, Event of Default or Borrowing Base Deficiency exists.
The proceeds of the Loans and Letters of Credit shall be used solely for (i) working capital and general corporate purposes subject to the restrictions set forth in this Agreement and (ii) the payment of fees and expenses incurred in connection with the Amendment Effective Date Transactions.
There shall exist no claim, action, suit, investigation, litigation or proceeding, pending or threatened in any court or before any Governmental Authority related to the making of the Tranche C Term Loans and Tranche D Term Loans or the consummation of the other Second Amendment Effective Date Transactions, or which could reasonably be expected to have a Material Adverse Effect.
STRATEGIC FRAMEWORK:This action supports the following areas of your Board’s Strategic Framework.
On the effective date of a Plan that consummates the Third Amendment Effective Date Transactions on substantially the same terms and conditions as described in the Offering Memorandum, the Agent and each Lender hereby agree to waive the Insolvency Premium; provided, however, that the provisions in the Credit Agreement that may give rise to an Applicable Premium on and after the effective date of the Plan shall be reinstated and survive in all respects.
The Loan PartiesBorrower and its Subsidiaries, on a consolidated basis, are, and after giving effect to the RestatementThird Amendment Effective Date Transactions and the Incurrence of all Indebtedness and obligations being Incurred in connection herewith and therewith will be, Solvent.
Before and after giving effect to this Amendment and the Amendment Effective Date Transactions, the representations and warranties of the Borrower contained in Article IV of the Credit Agreement or in any other Loan Document are true and correct in all material respects (other than those representations and warranties that are expressly qualified by a Material Adverse Effect or other materiality, in which case such representations and warranties shall be true and correct in all respects).