Examples of Amendment No. 1 Closing in a sentence
Section 2.08(d)(ii) of the Existing Credit Agreement is amended by replacing “anniversary of the date hereof” where it appears therein with “anniversary of the Amendment No. 1 Closing Date”.
The representations and warranties set forth in Article III of the Credit Agreement and in each other Loan Document shall be true and correct in all material respects on and as of the Amendment No. 1 Closing 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 they shall be true and correct in all material respects as of such earlier date.
Receipt by the Agent, the Purchasers and their respective Affiliates of any fees required to be paid under Amendment No. 1 or under the other Note Documents on or before the Amendment No. 1 Closing Date.
Receipt by the Agent and the Purchasers of favorable opinions of legal counsel to the Note Parties, addressed to the Purchasers and the Agent and dated as of the Amendment No. 1 Closing Date, in form and substance satisfactory to the Purchasers, the Agent and their respective counsel.
At least one (1) Business Day prior to the Amendment No. 1 Closing Date (or, in each case, such shorter notice period as is approved by the Agent in its reasonable discretion) the Issuer shall deliver to the Agent a Notice of Issuance.
Each reference in the Credit Agreement to “this Agreement”, “hereof”, “hereunder”, “herein” and “hereby” and each other similar reference, and each reference in any other Loan Document to “the Credit Agreement”, “thereof”, “thereunder”, “therein” or “thereby” or any other similar reference to the Credit Agreement shall, from the Amendment No. 1 Closing Date (as defined below), refer to the Credit Agreement as amended hereby.
The sale and delivery of the Delayed Draw Senior Secured Notes to be issued pursuant to Section 2.01(b) shall take place remotely via the electronic exchange of documents and signatures on the Amendment No. 1 Closing Date (or such other time and place as the parties shall agree).
As of the Amendment No. 1 Closing Date, (i) the General Partner is the legal and beneficial owner of 2.0% of the partnership interests in the Borrower, and (ii) the Ultimate General Partner is the legal and beneficial owner of 0.001% of the partnership interests in the General Partner.
The Borrowers shall utilize the proceeds of the Incremental Term Loans made on the Amendment No. 1 Closing Date, together with cash on hand, to (i) finance the Acquisition (including any working capital and/or purchase price adjustments), (ii) pay interest, fees, premiums, expenses and other transaction costs in connection with the foregoing and (iii) for general corporate purposes.
On the Amendment No. 1 Closing Date, after giving effect to the Incremental Term Loans hereunder, (a) each Incremental Term Loan Lender shall become a “Lender” and an “Initial Term Loan Lender” for all purposes of the Credit Agreement and the other Loan Documents and (b) each Incremental Term Loan shall constitute a “Loan” and shall be deemed to be an “Initial Term Loan” for all purposes of the Credit Agreement and the other Loan Documents.