First Restatement definition

First Restatement shall have the meaning given to it in the recitals hereto;
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First Restatement shall refer to the First Amended and Restated Credit Agreement dated as of June 25, 2004 between the Borrower, the Subsidiary Guarantors, each of the Revolving Lenders party thereto, each of the lenders that becomes a party thereto as a Tranche A Term Loan Lender or Tranche C Term Loan Lender pursuant to a Lender Addendum in the form of Annex A thereto, and the Administrative Agent.
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First Restatement has the meaning assigned to that term in the Recitals to this Agreement.
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Examples of First Restatement in a sentence

  • The obligations of (a) the Lenders (including the Swing Line Lender) to make Loans and (b) Issuing Bank to issue Letters of Credit on the Original Closing Date, the First Restatement Date and the Second Restatement Date was subject to the satisfaction of all of the conditions precedent set forth in Section 3.1 of the Original Credit Agreement, the First Amended and Restated Credit Agreement, and the Second Amended and Restated Credit Agreement, respectively.

  • On the First Restatement Effective Date, all Existing Swingline Loans shall be deemed to be repaid (other than for purposes of Section 2.16 of the Existing Revolving Credit Agreement) and reborrowed as Swingline Loans by the applicable Borrower Party.

  • The Commitment Fee due to each Lender shall commence to accrue on the First Restatement Effective Date and shall cease to accrue on the date on which the last of the Commitments of such Lender shall be terminated as provided herein.

  • As of the First Restatement Effective Date, the Loan Parties own in fee all the Real Property set forth as being owned by them on Schedule 3.18.

  • The Borrower shall have no obligation to pay any annual fee to any successor that is greater than or in addition to the annual fees payable to the Administrative Agent as in effect on the First Restatement Effective Date.

  • Schedule 5.02 sets forth a true, complete and correct description of all material insurance maintained by or on behalf of Holdings, the Borrower Parties or the other Loan Parties as of the First Restatement Effective Date.

  • Inan appropriate case, with the benefit of two decades of hindsight, this Court should reconsider the continued viability of the special aspects doctrine.I. THE EVOLUTION OF MICHIGAN’S OPEN-AND-OBVIOUS DOCTRINE The First Restatement of Torts, published in 1934, created a bright-line rule: If the entrant on the land recognized the risk posed by a dangerous condition of the land, the land possessor was absolved from any liability for resulting harm.

  • As of the First Restatement Effective Date, none of Holdings nor any Restricted Subsidiary has any material Guarantee obligations, known contingent liabilities and liabilities for taxes, or any long term leases or unusual forward or long term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not reflected in the most recent financial statements referred to in this paragraph.

  • All accrued fees of the Administrative Agent, all fees owed to the Lenders, and all reasonable, documented and invoiced out-of-pocket expenses required to be paid by the Borrower to the Lenders, the Lead Arrangers and the Agents on or before the First Restatement Effective Date (to the extent invoiced at least one Business Day prior to the First Restatement Effective Date except as otherwise agreed by the Borrower) shall have been paid to the extent due and payable.

  • During the period from September 30, 2016 to and including the First Restatement Effective Date there has been no disposition by Holdings or any Restricted Subsidiary of any material part of its business or property.


More Definitions of First Restatement

First Restatement shall have the meaning provided in the Recitals to this Agreement.
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First Restatement has the meaning assigned in Section 5.3(a). ----------------- Fiscal Year: the taxable year for Federal income tax purposes determined ----------- under Section 706 of the Code and the ax Regulations promulgated thereunder. Flip Points: collectively, the First Flip Point and the Second Flip Point. ----------- Each of the First Flip Point and the Second Flip Point is referred to as a Flip Point. Gain or Loss on Disposition: the gain or loss for Federal income tax --------------------------- purposes, arising from a sale, exchange or other taxable disposition of the Project, or any material portion thereof (excluding, however, any gain or loss from sales of services or property in the ordinary course of the business of the Partnership), Gas Sales Contract: the Restated Gas Sale and purchase Agreement-dated as ------------------ of March 18, 1991 between the partnership and Noranda Inc., as from time to time amended and in force.
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First Restatement shall have the meaning set forth in the preamble hereto.
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First Restatement has the meaning set forth in the first paragraph of this Agreement.
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Related to First Restatement

  • First Restatement Effective Date means the “Restatement Effective Date” as defined in the First Amendment Agreement.

  • Second Restatement Effective Date has the meaning specified in the Second Amendment Agreement.

  • Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.

  • Second Restatement Date means October 20, 2011.

  • Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement dated as of June 30, 2017 by and among each of the Loan Parties party thereto, the Administrative Agent and the Lenders party thereto.

  • Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.

  • Business Combination Agreement shall have the meaning given in the Recitals hereto.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Restatement Effective Date means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 9.02).

  • Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.

  • Reorganization Agreement has the meaning set forth in the recitals.

  • Exchange Agreement has the meaning set forth in the Recitals.

  • IPO means the Company’s first underwritten public offering of its Common Stock under the Securities Act.

  • Support Agreement has the meaning set forth in the Recitals.

  • Listing Agreement means an agreement that is to be entered into between a recognised stock exchange and the Company pursuant to Securities and Exchange Board (Listing Obligations and Disclosure Requirements), 2015

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Reorganization Plan means a plan of reorganization in any of the Cases.

  • Technology Transfer Agreement has the meaning given in Section 2.2(e).

  • Amendment Effective Date has the meaning set forth in the Amendment Agreement.

  • Plan of Merger has the meaning set forth in Section 2.2.

  • Accounting Restatement means an accounting restatement that the Company is required to prepare due to the material noncompliance of the Company with any financial reporting requirement under the securities laws, including any required accounting restatement to correct an error in previously issued financial statements that is material to the previously issued financial statements, or that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.

  • Alternative Acquisition Agreement shall have the meaning set forth in Section 6.5(c).

  • Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.

  • conditional sale agreement means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;

  • Fundamental Change Company Notice shall have the meaning specified in Section 15.02(c).

  • Stock Acquisition means the purchase or other acquisition by Borrower or any of its Subsidiaries of all of the Equity Interests (by merger, stock purchase or otherwise) of any other Person.