Fourth Amendment Transactions definition

Fourth Amendment Transactions means, collectively, (a) the entering into the Fourth Amendment and the funding of the Tranche B-1 Term Loans on the Fourth Amendment Effective Date, (b) the issuance of $400,000,000 in principal amount of Senior 2027 Notes on or around the Fourth Amendment Effective Date, (c) the consummation of any other transactions connected with the foregoing and (d) the payment of fees and expenses in connection with any of the foregoing (including the Transaction Expenses).

Fourth Amendment Transactions means, collectively, (a) the execution and delivery of the Fourth Amendment and related documents to be entered into on the Fourth Amendment Effective Date, (b) the funding of the 2023 Refinancing Term Loans and the refinancing in full of the Existing Term Loans (as defined in the Fourth Amendment) outstanding immediately prior to the Fourth Amendment Effective Date and (c) the payment of fees and expenses in connection therewith.

Fourth Amendment Transactions shall have the meaning assigned to such term in the Fourth Amendment.

Examples of Fourth Amendment Transactions in a sentence

• On the date of the consummation of the Cordillera Acquisition, the Borrower shall use a portion of the proceeds of the Tranche B-1 Term Loans to finance the Fourth Amendment Transactions.

• Companies are still grappling with the challenge of understanding the current skills within the existing workforce, mapping out the types of skills they will need, and determining which upskilling and reskilling approach makes the most sense for their industry.168 While there are a number of models and tools to measure the existing stock of skills, multiple frameworks and the lack of common definition around skills complicate this.

• However, when asked about the sector of main activity, an extremely large percentage of children who define themselves as “working” in the short questionnaire indicate that they are engaged in domestic duties – the difference with the detailed questionnaire is very large and significant for both boys (+21 percentage points) and girls (+35 percentage points).

• Each of the Borrower and each Loan Party has taken all necessary corporate or other organizational action to authorize the Transactions and the Fourth Amendment Transactions and the execution, delivery and performance of the Loan Documents to which it is a party.

• The Lenders shall be reasonably satisfied that all requisite Governmental Authorities and third parties shall have approved or consented to the Fourth Amendment Transactions, and there shall be no governmental or judicial action, actual or threatened, that has or would have, singly or in the aggregate, a reasonable likelihood of restraining, preventing or imposing burdensome conditions on the Fourth Amendment Transactions or the other transactions contemplated hereby.

More Definitions of Fourth Amendment Transactions

Fourth Amendment Transactions shall have the meaning set forth in the definition of “Transactions”.

Fourth Amendment Transactions means (i) the execution, delivery and performance by the Parent, the Borrower and their subsidiaries (including those entities that will become subsidiaries of TopCo, the Parent or the Borrower on a pro forma basis after giving effect to the Xxxxxxx Merger) of the Xxxxxxx Merger Agreement and the consummation of the Xxxxxxx Merger, (ii) the execution, delivery and performance by TopCo, the Parent, the Borrower and their subsidiaries (including those entities that will become subsidiaries of TopCo, the Parent or the Borrower on a pro forma basis after giving effect to the Xxxxxxx Merger) of any amendment, waiver or modification of their respective debt financing facilities on or prior to the Xxxxxxx Merger Closing Date in connection with the Xxxxxxx Merger, including any borrowing base redeterminations thereunder and (iii) the payment of fees, costs and expenses in connection with the foregoing.

Fourth Amendment Transactions means (i) the distribution of the proceeds of the 2023 Incremental Term Loans and other available cash by XF to the Parent in the aggregate amount of the Repurchases (as defined below) (the “XPO Distribution”), (ii) the use of the proceeds of the XPO Distribution by the Parent to repurchase, immediately prior to the Repurchases, 85,334 Preferred Units (as defined in the Parent’s Second Amended and Restated Limited Liability Company Operating Agreement (the “LLCA”)) from XF for $130,766,360, together with accrued and unpaid dividends on such Preferred Units in accordance with the LLCA (the “Units Repurchase”), (iii) the use of proceeds from the Units Repurchase by XF to repurchase 85,334 shares of PubCo Convertible Preferred from one or more holders of such PubCo Convertible Preferred at an aggregate purchase price of $130,766,360, together with accrued and unpaid dividends on such shares of PubCo Convertible Preferred (the “Repurchases”) and (iv) the payment of fees and expenses in connection with the Fourth Amendment and the foregoing.

Fourth Amendment Transactions means, collectively, the transactions that occurred on or prior to the Fourth Amendment Effectiveness Date pursuant to the Fourth Amendment Transaction Documents, including (a) the consummation of the Alcoa Acquisition; (b) the execution, delivery and performance of those Loan Documents which were amended or otherwise modified on the Fourth Amendment Effectiveness Date to the extent contemplated by the Existing Credit Agreement and the borrowings that occurred on the Fourth Amendment Effectiveness Date; (c) the execution, delivery and performance of the Second Lien Loan Documents; and (d) the payment of all fees and expenses paid on or prior to the Fourth Amendment Effectiveness Date and owing in connection with the foregoing.

Fourth Amendment Transactions means (a) the incurrence of Indebtedness under the Term Loan Documents, (b) 2015 Note Discharge and (c) the 2020 Note Purchase Payment, the 2020 Note Delayed Purchase Payment and the 2020 Note Redemption.

Fourth Amendment Transactions shall have the meaning assigned to such term in the Fourth Amendment. “Fronting Exposure” shall mean, at any time there is a Defaulting Lender, (a) with respect to the Issuing Bank, such Defaulting Lender’s LC Exposure other than LC Exposure as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or Cash Collateralized in accordance with the terms hereof, and (b) with respect to the Swingline Lender, such Defaulting Lender’s Swingline Exposure other than Swingline Exposure as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders.

Fourth Amendment Transactions means (i) the Fourth Amendment Preferred Equity Investment; (ii) the issuance of the 2029 Senior Notes; (iii) the contribution by the Parent to the Borrower of a portion of the proceeds from such 2029 Senior Notes issuance; (iv) the prepayment of the Loans by the Borrower in no less than the amount necessary to comply with the financial tests described in Section 7.13 of the Fourth Amendment; (v) (1) the Fourth Amendment DevCo Contribution and (2) the contribution of the Additional DevCo Interests by the Parent to the Borrower; (vi) the Fourth Amendment Distribution and issuance of common Equity Interests of Parent to OMS Holdings in exchange for the Fourth Amendment DevCo Contribution; and (vii) the conversion of all of the Incentive Distribution Rights (as defined in the Parent Partnership Agreement as in effect prior to the Fourth Amendment Effective Date) into common Equity Interests in the Parent pursuant to the terms of the Contribution and Simplification Agreement described in Section 7.11 of the Fourth Amendment.