Amendment No. 5 Effective Date definition
Examples of Amendment No. 5 Effective Date in a sentence
Other than (A) any Contingent Obligation or (B) any liability incident to any litigation, arbitration or proceeding that (in the case of either (A) or (B)) (i) could not reasonably be expected to have a Material Adverse Effect or (ii) is set forth on Schedule 6, as of the Amendment No. 5 Effective Date, the Loan Parties have no Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 6.4.
No information, exhibit or report furnished by any of the Loan Parties to the Administrative Agent or to any Lender on or before the Amendment No. 5 Effective Date in connection with the negotiation of, or compliance with, the Loan Documents contained any material misstatement of fact or omitted to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made and taken as a whole, not materially misleading.
The Borrower may, at any time and from time to time after the Amendment No. 5 Effective Date, by notice to the Administrative Agent, request an increase in the Term Loan Facility (“Additional Term Loans”) (within the limitations herein provided), which notice shall set forth the amount of such requested borrowing of Additional Term Loans.
As of the Amendment No. 5 Effective Date, since October 31, 2022 there has been no change in the business, Property, condition (financial or otherwise) or results of operations of the Loan Parties that could reasonably be expected to have a Material Adverse Effect.