Fifth Amendment Date definition
Examples of Fifth Amendment Date in a sentence
On the Fifth Amendment Date, the Issuer shall pay the applicable Class A Up-Front Fee (as defined and set out in the Class A Up-Front Fee Letter, as applicable) to each Class A Funding Agent for the account of the related Class A Committed Note Purchasers.
For purposes of determining withholding Taxes imposed under FATCA, from and after the Fifth Amendment Date, the Borrower and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
The strike rate of each Interest Rate Cap entered into (i) before the Fifth Amendment Date shall not be greater than 2.0%, (ii) after the Fifth Amendment Date shall not be greater than 5%.
The proceeds of the Term Loan B shall be used by Borrowers to (a) refinance the outstanding Term Loan Advances and the outstanding amounts under Term Loan A and (b) subject to Section 7.3 of this Agreement (Mergers or Acquisitions), finance Borrowers’ acquisitions after the Fifth Amendment Date not exceeding an aggregate amount of $12,125,000.
The total number of shares for which Investor shall initially be able to exercise the April 12 Bridge Warrant shall therefore be 4,500,000 shares as of the Fifth Amendment Date.