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.
Sample 1

Examples of Fourth Restated Credit Agreement in a sentence

  • Each Credit Party hereby confirms that its obligations under each Credit Document executed under the Fourth Restated Credit Agreement shall continue to apply to the Obligations under the Fifth Restated Credit Agreement.

  • 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conditions of the Fourth Restated Credit Agreement are amended as set forth herein, and restated in their entirety and superseded by, this Agreement.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 Fourth Restated Credit Agreement is hereby amended and restated to read in its entirety as set forth in Exhibit A hereto (the “Fifth Restated Credit Agreement”), including, for the avoidance of doubt, Schedule A to this Restatement Agreement and the Schedules attached to the Fifth Restated Credit Agreement which for all purposes shall be incorporated as part of the Fifth Restated Credit Agreement.

  • 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.

  • 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.

  • The Commission finds that, while reasonable and an efficient off-the-shelf resolution to Malmstrom’s request, NorthWestern’s QF-1 tariff does not provide the best proxy for valuing received WAPA power.

  • The execution and delivery of this Restatement Agreement and the effectiveness shall not act as a novation of the Fourth Restated Credit Agreement and shall not serve to discharge or release any Obligation or Lien under the Credit Documents or to forgive the payment of any amount owing thereunder.

  • 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.

  • The provisions of this Section will survive the termination of this 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.

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 new credit agreement entered into as of December 23, 2021 in connection with the Closing of the Business Combination, by Fathom OpCo, certain lenders, and JPMorgan Chase Bank, N.A., as administrative agent thereunder.

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

  • Bridge Credit Agreement means that certain Credit Agreement, dated as of December 24, 2018, by and among Parent Borrower, as Borrower, Citibank, N.A., as Agent and the other parties thereto.

  • Senior Credit Agreement means that Credit Agreement dated as of December 1, 2006 (as amended, supplemented or otherwise modified from time to time), among the Issuer, Holdings, IV, Holdings V, Holdings III, each lender from time to time party thereto and the Administrative Agent.

  • Term Credit Agreement shall have the meaning set forth in the recitals hereto.

  • Prior Credit Agreement has the meaning specified in the Recitals hereto.

  • U.S. Credit Agreement means that certain credit agreement dated as of even date herewith by and among the U.S. Borrower, as borrower, the lenders party thereto, as lenders, and the U.S. Administrative Agent, as administrative agent.

  • Existing ABL Credit Agreement means that certain ABL credit agreement, dated as of April 19, 2013, among Petco Animal Supplies, Inc., the lenders party thereto, Bank of America, N.A., (as successor to Credit Suisse AG) as administrative agent, Xxxxx Fargo Bank, National Association, as collateral agent, and the subsidiaries of Petco Animal Supplies, Inc. from time to time party thereto, as amended by that certain First Amendment to the ABL Credit Agreement, dated as of November 21, 2014.

  • DIP Credit Agreement means the credit agreement with respect to the DIP Facility.

  • Credit Agreement has the meaning assigned to such term in the preliminary statement of this Agreement.

  • Bank Credit Agreement means the Credit Agreement dated as of May 9, 2005 by and among the Company, certain Subsidiaries of the Company named therein, the Administrative Agent, and the Bank Lenders and other financial institutions party thereto, as amended, restated, joined, supplemented or otherwise modified from time to time, and any renewals, extensions or replacements thereof, which constitute the primary bank credit facility of the Company and its Subsidiaries.

  • Existing Credit Agreement as defined in the recitals hereto.

  • Five-Year Credit Agreement means the Five-Year Revolving Credit Agreement dated as of July 13, 2001 among the Borrower, the lenders party thereto and JPMorgan Chase Bank, as "Administrative Agent" under and as defined in the Five-Year Credit Agreement.

  • Exit Facility Credit Agreement means the credit agreement, Filed with the Plan Supplement, which credit agreement shall contain terms and conditions consistent in all respects with those set forth on the Exit Facility Term Sheet and, to the extent any terms and conditions are not set forth on or contemplated therein, such other terms and conditions as are acceptable to the Special Restructuring Committee and the Majority Noteholders in the manner set forth in the Restructuring Support Agreement.

  • Company Credit Agreement means that certain Credit Agreement, dated as of March 8, 2019, among the Company, as borrower, the guarantors from time to time party thereto, the lenders and issuing banks from time to time party thereto and Bank of America, N.A., as administrative agent.

  • ABL Credit Agreement as defined in the recitals hereto.

  • Term Loan Credit Agreement has the meaning set forth in the recitals to this Agreement.

  • Original Credit Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Revolving Credit Agreement means that certain Revolving Credit Agreement dated as of August 30, 2004 between the Company, certain of its Subsidiaries and the banks and financial institutions listed therein, as such agreement may be replaced, amended, supplemented or otherwise modified from time to time.

  • Second Lien Credit Agreement means the Second Lien Credit Agreement, dated as of the Effective Date, among Holdings, the Borrowers, the lenders party thereto and Deutsche Bank AG New York Branch, as administrative agent and collateral agent.

  • Loan Agreement shall have the meaning assigned to such term in the recitals.

  • Master Letter of Credit Agreement means, at any time, with respect to the issuance of Letters of Credit, a master letter of credit agreement or reimbursement agreement in the form, if any, being used by the Issuing Lender at such time.

  • Parent Credit Agreement means that Credit Agreement, dated as of the date hereof, by and among FE and FET as borrowers, the banks and other financial institutions party thereto from time to time, and JPMorgan as administrative agent, as amended, amended and restated or otherwise modified from time to time.

  • Term Loan Agreement has the meaning assigned to such term in the recitals of this Agreement.