Fifth Amended and Restated Credit Agreement definition

Fifth Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.

Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement dated as of December 18, 2014 (as amended, supplemented or otherwise modified from time to time prior to the Sixth Restatement Effective Date (as defined in the Existing Credit Agreement)) among the Company, certain Subsidiaries of the Company from time to time party thereto, each Lender from time to time party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and Bank of America, N.A., Wells Fargo Bank, National Association, HSBC Bank USA, National Association, MUFG Bank, Ltd. and U.S. Bank National Association, as Swing Line Lenders and L/C Issuers.

Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement dated as of December 18, 2014 (as amended, supplemented or otherwise modified from time to time prior to the Sixth Restatement Effective Date (as defined in the Existing Credit Agreement)) among the Company, certain Subsidiaries of the Company from time to time party thereto, each Lender from time to time party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and Bank of America, N.A., Xxxxx Fargo Bank, National Association, HSBC Bank USA, National Association, MUFG Bank, Ltd. and U.S. Bank National Association, as Swing Line Lenders and L/C Issuers.

Examples of Fifth Amended and Restated Credit Agreement in a sentence

• The Borrower, the Administrative Agent, and the several Lenders parties thereto entered into that certain Fifth Amended and Restated Credit Agreement, dated as of September 17, 1999 (as amended through the date hereof and as may be further amended, modified, restated, supplemented, renewed, extended, increased, rearranged and/or substituted from time to time, the "Credit Agreement").

• Reference is made to that certain Fifth Amended and Restated Credit Agreement dated as of April 30, 2013 by and among the Borrower, the Servicer, the Lenders and Managing Agents parties thereto from time to time and the Administrative Agent, (as amended, modified or restated from time to time, the “Credit Agreement”).

• By executing this Lender Addendum as a Lender, the undersigned institution agrees to the terms of the Amendment and the Fifth Amended and Restated Credit Agreement.

• Borrowers, Agent and Lenders are parties to a certain Fifth Amended and Restated Credit Agreement dated as of May 10, 2016 (as at any time amended, restated, modified or supplemented, the "Credit Agreement"), pursuant to which Agent and Lenders have made certain loans and other financial accommodations available to Borrowers.

• Reference is made to that certain Fifth Amended and Restated Credit Agreement dated as of May 1, 2015 by and among the Borrower, the Servicer, the Lenders, the Managing Agents and the Administrative Agent (as amended, modified, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”).

More Definitions of Fifth Amended and Restated Credit Agreement

Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement, dated as of July 27, 2004, among Company, the lenders from time to time party thereto, and the Administrative Agent, as amended, modified or supplemented from time to time.

Fifth Amended and Restated Credit Agreement has the meaning set forth in the recitals hereto.

Fifth Amended and Restated Credit Agreement unless otherwise defined herein, terms defined in the Fifth Amended and Restated Credit Agreement and used herein shall have the meanings given to them in the Fifth Amended and Restated Credit Agreement) to, among other things, (a) allow and provide for the incurrence of a new term loan facility in the amount of $800,000,000 under the Fifth Amended and Restated Credit Agreement and other amendments set forth in this Amendment and (b) to replace LIBOR with a SOFR-Based Rate;

Fifth Amended and Restated Credit Agreement has the meaning set forth in the Preliminary Statements.

Fifth Amended and Restated Credit Agreement has the meaning set forth in Recital B to this Amendment and is hereby incorporated into the Original Mortgage.

Fifth Amended and Restated Credit Agreement has the meaning given to it in Recital F. (128) “Financial Assistance” means any form of direct or indirect financial assistance of any other Person by means of a loan, guarantee or otherwise or any obligations (contingent or otherwise) intended to enable such other Person to incur or pay any debt or comply with any agreements related thereto or to otherwise assure or protect creditors of such other Person against loss in respect of debt or any other obligations of such other Person. The amount of any Financial Assistance is the amount of the loan, guarantee or other direct or indirect financial assistance, or, if the Financial Assistance is not limited to a determinable amount, then the amount of the Financial Assistance is the lesser of (i) the total of all Debt of the other Person to which such Financial Assistance relates, and (ii) the net realizable value of the assets of the Person providing the Financial Assistance. (129) “Fiscal Year” means the fiscal year of the Borrower, ending on December 31. (130) “Fixed Charge Coverage Ratio” means, at any time of determination, with respect to the Borrower, on a consolidated basis, the ratio of: (a) Consolidated EBITDA for the applicable period to (b) the sum of (i) Consolidated Interest Expense and (ii) all scheduled principal repayments of Debt for such period. (131) “Foreign Lender” means any Lender that is not organized under the laws of the jurisdiction in which the Borrower is resident for tax purposes and that is not otherwise considered or deemed in respect of any amount payable to it hereunder or under any Document to be resident for income tax or withholding tax purposes in the jurisdiction in which the Borrower is resident for tax purposes by application of the laws of that jurisdiction. For purposes of this definition Canada and each Province and Territory thereof shall be deemed to constitute a single jurisdiction and the United States of America, each State thereof and the District of Columbia shall be deemed to constitute a single jurisdiction. (132) “Fronting Fee” shall have the meaning given to it in Section 3.6. (133) “Fourth Amended and Restated Credit Agreement” has the meaning given to it in Recital E. (134) “GBCI” means the U.S. Green Building Council or Canada Green Building Council, as applicable, or any successor thereto.

Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement dated September 14, 2021, among certain subsidiaries of Rush Enterprises, Inc., as borrowers, Rush Enterprises, Inc., as the borrower representative, certain lenders, and BMO Xxxxxx Bank, N.A., as administrative agent, further amended, supplemented, extended, renewed, restated or replaced from time to time.