First Lien Amendment definition
Examples of First Lien Amendment in a sentence
This First Lien Amendment No. 2 may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Furthermore, on the First Lien Amendment No. 2 Effective Date, all participations in L/C Obligations and Swing Line Loans shall be reallocated pro rata among the Revolving Credit Lenders after giving effect to the Revolving Commitment Increases contemplated hereby.
Upon the First Lien Amendment No. 2 Effective Date, those certain letters of credit listed on Schedule C hereof (the “C&W Letters of Credit”) shall constitute Letters of Credit subject to the terms of the First Lien Credit Agreement, and all such C&W Letters of Credit shall be deemed to be issued pursuant to the First Lien Credit Agreement.
The headings of this First Lien Amendment No. 2 are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.
Delivery by facsimile or other electronic means of an executed counterpart of a signature page to this First Lien Amendment No. 2 shall be effective as delivery of an original executed counterpart of this First Lien Amendment No. 2.
Except as expressly set forth herein, this First Lien Amendment No. 2 shall not by implication or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of any party under, the First Lien Credit Agreement, nor alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the First Lien Credit Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
Capitalized terms not otherwise defined in this First Lien Amendment No. 2 shall have the same meanings specified in the First Lien Credit Agreement.
It is understood and agreed that each reference in each Loan Document to the First Lien Credit Agreement, whether direct or indirect, shall hereafter be deemed to be a reference to the First Lien Credit Agreement as amended hereby and that this First Lien Amendment No. 2 is a Loan Document.
This First Lien Amendment No. 2 may not be amended, modified or waived except in accordance with Section 10.01 of the First Lien Credit Agreement.
In the event a lesser amount is allocated, the difference between the current amount and the allocated amount will be prepaid on the First Lien Amendment No. 2 Effective Date.