Covenant Amendment Effective Date definition

Covenant Amendment Effective Date means the date specified in a certificate delivered by an Authorized Officer of the U.S. Borrower to the Administrative Agent as the date on which (a) the amendments in the U.S. Borrower’s Twelfth Supplemental Indenture became the most restrictive covenants relating to Indebtedness issued under the Senior Note Indenture, and (b) as of such specified date no Default or Event of Default has occurred and is continuing (other than solely as a result of a breach of covenants to the extent that such breach will no longer exist under this Agreement after giving effect to the modification of any covenants hereunder (including any such covenants incorporated by reference) resulting from the occurrence of the Covenant Amendment Effective Date). In the event that the U.S. Borrower is not able to make the certification set forth in clause (a) above as a result of the existence of a supplemental indenture delivered subsequent to the date of the Twelfth Supplemental Indenture that contains certain covenants that are more restrictive than covenants included in the Twelfth Supplemental Indenture, (i) the U.S. Borrower may, in lieu of making the certification set forth in clause (a) above, deliver a certificate describing such more restrictive covenants in reasonable detail and certifying that, except for such specified covenants, the covenants contained in the Twelfth Supplemental Indenture constitute the most restrictive covenants relating to indebtedness issued under the Senior Note Indenture. In such event, the Required Lenders shall, within 30 days after receipt of the certification, at their election, determine whether the covenants set forth in the Twelfth Supplemental Indenture or in such later supplemental indenture shall take effect as the Amended Senior Note Indenture. In the event no election is made by the Required Lenders, the Amended Senior Note Indenture shall be deemed to be the Senior Note Indenture giving effect to the amendments set forth in such more restrictive supplemental indenture.

Covenant Amendment Effective Date means the date specified in a certificate delivered by a Responsible Officer of the Company to the Administrative Agent as the date on which (a) the amendments in the Company’s Specified Indenture became the most restrictive covenants relating to Indebtedness issued under the Senior Note Indenture and Indebtedness issued under the New Senior Note Indenture, and (b) as of such specified date no Default or Event of Default has occurred and is continuing (other than solely as a result of a breach of covenants to the extent that such breach will no longer exist under this Agreement after giving effect to the modification of any covenants hereunder (including any such covenants incorporated by reference) resulting from the occurrence of a Covenant Amendment Effective Date). In the event that the Company is not able to make the certification set forth in clause (a) above as a result of the existence of a New Senior Note Indenture or a supplemental indenture to the Senior Note Indenture delivered subsequent to the date of the Specified Indenture that contains certain covenants that are more restrictive than covenants included in the Specified Indenture, (i) the Company may, in lieu of making the certification set forth in clause (a) above, deliver a certificate describing such more restrictive covenants in reasonable detail and certifying that, except for such specified covenants, the covenants contained in the Specified Indenture constitute the most restrictive covenants relating to Indebtedness issued under the Senior Note Indenture and Indebtedness under the New Senior Note Indenture. In such event, the Required Lenders shall, within 30 days after receipt of the certification, at their election, determine whether the covenants set forth in the Specified Indenture or in such later Senior Note Indenture or supplemental indenture shall take effect as the Amended Senior Note Indenture. In the event no election is made by the Required Lenders, the Amended Senior Note Indenture, giving effect to the amendments set forth in such more restrictive supplemental indenture or the New Senior Note Indenture, shall be deemed to be the Senior Note Indenture.

Covenant Amendment Effective Date means the date specified in a certificate delivered by a Responsible Officer of the Company to the Administrative Agent as the date on which (a) the amendments in the Company’s Specified Indenture became the most restrictive covenants relating to Indebtedness issued under the Senior Note Indenture and Indebtedness issued under the New Senior Note Indenture, and (b) as of such specified date no Default or Event of Default

Examples of Covenant Amendment Effective Date in a sentence

• For the avoidance of doubt, after the Covenant Amendment Effective Date and the Pricing Amendment Effective Date (each as defined below), any references to “date hereof” or “date of this Agreement” in the Credit Agreement shall continue to refer to March 6, 2013.

• Each of the table of contents and lists of Exhibits and Schedules of the Credit Agreement shall be amended to reflect the changes made in this Amendment as of the Amendment No. 2 Effective Date, the First Lien Covenant Amendment Effective Date and the Second Lien Covenant Amendment Effective Date, as applicable.

• On and after the Covenant Amendment Effective Date (as defined below) and the Sterling Amendment Effective Date (as defined below), each reference in the Credit Agreement to “this Agreement,” “hereunder,” “hereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement, as amended by this Amendment No. 3.

• After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing, on the Second Lien Covenant Amendment Effective Date.

• The amendments to be effective on the Covenant Amendment Effective Date shall be effective on such date notwithstanding the occurrence or non-occurrence of the Buyback Amendment and Waiver Effective Date.

• After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing, on the First Lien Covenant Amendment Effective Date.

• The amendments and waivers to be effected on the Buyback Amendment and Waiver Effective Date shall be effective on such date notwithstanding the occurrence or non-occurrence of the Covenant Amendment Effective Date.

• Effective as of the Covenant Amendment Effective Date (as defined below) Section 7.01 of the Credit Agreement is hereby amended (the amendment in this Section 2, the “Covenant Amendment”) to replace the reference therein to “January 31, 2015” with “January 31, 2016”.