Reaffirmed Documents definition
Reaffirmed Documents as used herein shall mean the Security Documents referred to in the Amended Credit Agreement, including, but not limited to, (a) the Second Lien Guarantee and Collateral Agreement dated as of April 8, 2005, as amended and restated as of the date hereof in the form attached hereto as Exhibit A (it being understood and agreed that the schedules and exhibits thereto are not being updated as of the date hereof) (the “Guarantee and Collateral Agreement”), among Goodyear, and Deutsche Bank Trust Company Americas, as Collateral Agent, and the other parties from time to time party thereto, and (b) the Canadian Second Lien Guarantee and Collateral Agreement dated as of April 8, 2005, as amended and restated as of the date hereof (the “Canadian Second Lien Guarantee and Collateral Agreement”), between Goodyear Canada Inc. and Deutsche Bank Trust Company Americas, as Collateral Agent. Capitalized terms used but not defined herein have the meanings given them by the Amended Credit Agreement. Each of the Reaffirming Parties is party to one or more of the Reaffirmed Documents, and each Reaffirming Party expects to realize, or has realized, substantial direct and indirect benefits as a result of the Amendment becoming effective and the consummation of the transactions contemplated thereby. The execution and delivery of this Agreement is a condition precedent to the effectiveness of the Amendment and the consummation of the transactions contemplated thereby. In consideration of the premises and the agreements, provisions and covenants herein contained, the parties hereto hereby agree, on the terms and subject to the conditions set forth herein, as follows:
Reaffirmed Documents shall have the meaning set forth in Section 9.279.26.
Reaffirmed Documents has the meaning assigned to such term in Section 9.23.
Examples of Reaffirmed Documents in a sentence
Nothing implied in this Agreement, the Restated Credit Agreement or in any other document contemplated hereby or thereby shall be construed as a release or other discharge of the Borrower or any Guarantor or any Grantor under any Reaffirmed Document from any of its obligations and liabilities under the Restated Credit Agreement or the Reaffirmed Documents.
Each party hereto confirms that the intention of the parties is that each Reaffirmed Document shall not terminate on the Restatement Date and shall continue in full force and effect (or, in the case of the Guarantee and Collateral Agreement and any other Reaffirmed Documents that are being amended or amended and restated in connection with the Restated Credit Agreement, shall continue in full force and effect as so amended or amended and restated, as applicable).
Each of the Restated Credit Agreement and the Reaffirmed Documents shall remain in full force and effect, until (as applicable) and except to any extent modified hereby or by the Restated Credit Agreement or in connection herewith or therewith.
More Definitions of Reaffirmed Documents
Reaffirmed Documents as used herein shall mean the Security Documents, including, but not limited to (i) the First Lien Guarantee and Collateral Agreement dated as of April 8, 2005, as amended and restated as of April 7, 2016, as further amended and restated as of April 9, 2020, and as further amended and restated as of the Restatement Date in the form attached hereto as Exhibit A (it being understood and agreed that the schedules and exhibits thereto are not being updated as of the Restatement Date) (the “Guarantee and Collateral Agreement”), among Goodyear, JPMorgan Chase Bank, N.A., as Collateral Agent, and the other parties from time to time party thereto, and (ii) the Canadian First Lien Guarantee and Collateral Agreement dated as of April 8, 2005, as amended and restated as of April 7, 2016, as further amended and restated as of April 9, 2020, and as further amended and restated as of the Restatement Date, between Goodyear Canada Inc. and JPMorgan Chase Bank, N.A., as Collateral Agent (the “Canadian GCA”). Capitalized terms used but not defined herein have the meanings given them by the Restated Credit Agreement. Each of the Reaffirming Parties is party to one or more of the Reaffirmed Documents, and each Reaffirming Party expects to realize, or has realized, substantial direct and indirect benefits as a result of the Restated Credit Agreement becoming effective and the consummation of the transactions contemplated thereby. The execution and delivery of this Agreement is a condition precedent to the effectiveness of the Restated Credit Agreement and the consummation of the transactions contemplated thereby. In consideration of the premises and the agreements, provisions and covenants herein contained, the parties hereto hereby agree, on the terms and subject to the conditions set forth herein, as follows:
Reaffirmed Documents has the meaning assigned to such term in Section 9.23. "Real Estate Borrower" or "Real Estate Borrowers" has the meaning assigned to such term in the preamble hereto. "Receivables" has the meaning assigned to such term in the Security Agreement. "Recipient" means, as applicable, (a) the Administrative Agent, (b) any Lender and (c) any Issuing Bank, or any combination thereof (as the context requires). "Reference Time" with respect to any setting of the then-current Benchmark means (1) if such Benchmark is the Term SOFR Rate or the REVSOFR30 Rate, 5:00 a.m. (Chicago time) on the day that is two (2) Business Days preceding the date of such setting, (2) if such Benchmark is Daily Simple SOFR, then four (4) Business Days prior to such setting or (3) if such Benchmark is none of the Term SOFR Rate, the REVSOFR30 Rate or Daily Simple SOFR, the time determined by the Administrative Agent in its reasonable discretion.
Reaffirmed Documents as used herein shall mean the Security Documents other than (i) the Guarantee and Collateral Agreement and (ii) the Canadian First Lien Guarantee and Collateral Agreement dated as of April 8, 2005, as amended and restated as of the date hereof, among Goodyear Canada Inc., Wingfoot Mold Leasing Company and JPMorgan Chase Bank, N.A., as Collateral Agent (the “Canadian GCA”). Capitalized terms used but not defined herein have the meanings given them by the Restated Credit Agreement. Each of the Reaffirming Parties is party to one or more of the Reaffirmed Documents, and each Reaffirming Party expects to realize, or has realized, substantial direct and indirect benefits as a result of the Restated Credit Agreement becoming effective and the consummation of the transactions contemplated thereby. The execution and delivery of this Agreement is a condition precedent to the effectiveness of the Restated Credit Agreement and the consummation of the transactions contemplated thereby. In consideration of the premises and the agreements, provisions and covenants herein contained, the parties hereto hereby agree, on the terms and subject to the conditions set forth herein, as follows:
Reaffirmed Documents has the meaning assigned to such term in Section 9.23. "Real Estate Borrower" or "Real Estate Borrowers" has the meaning assigned to such term in the preamble hereto. "Receivables" has the meaning assigned to such term in the Security Agreement. "Recipient" means, as applicable, (a) the Administrative Agent, (b) any Lender and (c) any Issuing Bank, or any combination thereof (as the context requires). "Reference Time" with respect to any setting of the then-current Benchmark means (1) if such Benchmark is the Term SOFR Rate or the REVSOFR30 Rate, 5:00 a.m. (Chicago time) on the day that is two (2) Business Days preceding the date of such setting, (2) if such Benchmark is Daily Simple SOFR, then four (4) Business Days prior to such setting or (3) if such Benchmark is none of the Term SOFR Rate, the REVSOFR30 Rate or Daily Simple SOFR, the time determined by the Administrative Agent in its reasonable discretion. "Refinance Indebtedness" has the meaning assigned to such term in Section 6.01(f). "Register" has the meaning assigned to such term in Section 9.04(b). "Regulation D" means Regulation D of the Federal Reserve Board, as in effect from time to time and all official rulings and interpretations thereunder or thereof. "Regulation T" means Regulation T of the Federal Reserve Board, as in effect from time to time and all official rulings and interpretations thereunder or thereof.
Reaffirmed Documents is defined in Section 8 of this Amendment No. 4.
Reaffirmed Documents is defined in Section 8 of this Amendment No. 4. “Reaffirming Grantor” is defined in Section 8 of this Amendment No. 4. “Reaffirming Loan Guarantor” is defined in Section 8 of this Amendment No. 4. “Reaffirming Parties” is defined in the recitals hereto. “Second Lien Loans” is defined in the recitals hereto. “Second Lien Transactions” is defined in the recitals hereto. “Subsidiary Guarantor” is defined in the preamble hereto. SECTION 2. EXCHANGE OF EXISTING TERM LOANS, AGREEMENT TO MAKE 2018 REFINANCING TERM LOANS AND 2018 UPSIZE TERM LOANS.