Fourth Restated Credit Agreement definition

Fourth Restated Credit Agreement as defined in the preamble hereto.
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Fourth Restated Credit Agreement or "Credit Agreement" will mean this Fourth Amended and Restated Credit, Reimbursement and Security Agreement and any amendments or supplements thereto made from time to time in accordance with Section 16.4, below.
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Examples of Fourth Restated Credit Agreement in a sentence

  • The terms and conditions of the Fourth Restated Credit Agreement are amended as set forth herein, and restated in their entirety and superseded by, this Agreement.

  • The Letters of Credit issued or continued for the account of the Borrower under the Third Restated Credit Agreement and outstanding on the Fourth Restatement Effective Date were deemed Letters of Credit for all purposes of the Fourth Restated Credit Agreement and the other Loan Documents pursuant to the terms of the Fourth Restated Credit Agreement.

  • For the avoidance of doubt, any Existing Revolving Loans denominated in Dollars that are outstanding immediately prior to the Fifth Restatement Effective Date shall continue to bear interest at a rate per annum equal to the “Eurocurrency Rate” (as defined in the Fourth Restated Credit Agreement) for the Interest Period for such Borrowing as in effect immediately prior to the Fifth Restatement Effective Date plus the Applicable Rate until the end of such Interest Period.

  • In addition to its other rights and remedies under this Fourth Restated Credit Agreement and the Bond Documents, the Agent shall have all the rights and remedies of a secured party under the Uniform Commercial Code of the State or other applicable law with respect to the security interests created by this Section.

  • In the event either party is unable to wholly or partially perform for a period greater than forty-five (45) days because of any cause beyond its reasonable control, either party may terminate any delayed order without any liability.

  • The provisions of this Section will survive the termination of this Fourth Restated Credit Agreement.

  • Nothing in this Agreement shall be deemed to work a novation of any of the obligations under the Fourth Restated Credit Agreement.

  • Notwithstanding any provision of this Agreement or any other document or instrument executed in connection herewith, the execution and delivery of this Agreement and the incurrence of obligations hereunder shall be in substitution for, but not in payment of, the obligations owed by the Borrowers under the Fourth Restated Credit Agreement.

  • All notices hereunder shall be given in accordance with the provisions of Section 11.01 of the Fourth Restated Credit Agreement.

  • If the Agent shall request instructions from any Lenders with respect to any act or failure to act in connection with this Fourth Restated Credit Agreement, the Credit Facilities or any of the Loan Documents, the Agent shall be entitled to refrain from such act or taking such action unless and until the Agent has received instructions and the Agent will have no liability to any Person or Lender by reason of so refraining.

Related to Fourth Restated Credit Agreement

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

  • Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.

  • New Credit Agreement means the Credit Agreement, dated as of the Issue Date, by and among Level 3 Parent, LLC, Level 3 Financing, Inc., Wilmington Trust, National Association, as administrative agent, the New Credit Agreement Agent and each lender party thereto from time to time, as may be amended, restated, supplemented or otherwise modified from time to time.

  • Amended Credit Agreement means the Existing Credit Agreement as amended hereby.

  • Bridge Credit Agreement means the credit agreement (if any) dated as of the Closing Date among the Parent, Bank of America, as administrative agent, and the lenders party thereto on terms specified in the Commitment Letter and otherwise on terms reasonably satisfactory to the Required Lenders, the proceeds of which are applied to finance a portion of the Sealy Acquisition and the Refinancing and to pay the Transaction Costs.