Second Refinancing Amendment definition
Examples of Second Refinancing Amendment in a sentence
The Borrower agrees to reimburse each of the Administrative Agent and each Second Refinancing Amendment Arranger for its reasonable out of pocket expenses in connection with this Amendment and the transactions contemplated hereby, including the reasonable fees, charges and disbursements of ▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇ LLP, counsel for the Administrative Agent and the Second Refinancing Amendment Arrangers.
The parties hereto acknowledge and agree that the amendment of the Credit Agreement pursuant to this Amendment and all other Loan Documents amended and/or executed and delivered in connection herewith shall not constitute a novation of the Credit Agreement and the other Loan Documents as in effect prior to the Second Refinancing Amendment Effective Date.
Each party hereto acknowledges and agrees that notwithstanding any such Second Refinancing Conversion, each such Continuing Term B-3 Lender shall be entitled to receive payment on the Second Refinancing Amendment Effective Date of the unpaid fees and interest accrued to such date with respect to all of its Existing Term Loans.
The Borrower shall, on the Second Refinancing Amendment Effective Date, pay to the Administrative Agent, for the accounts of the Persons that are Term Lenders immediately prior to the Second Refinancing Amendment Effective Date, all interest, fees and other amounts accrued to the Second Refinancing Amendment Effective Date with respect to the Existing Term Loans, whether or not such Existing Term Loans are converted pursuant to Section 1.02(b) of this Amendment.
For purposes hereof, a Person shall become a party to the Amended Credit Agreement and a Second Refinancing Term Lender as of the Second Refinancing Amendment Effective Date by executing and delivering to the Administrative Agent, on or prior to the Second Refinancing Amendment Effective Date, a Lender Addendum (Additional Term Lender) in its capacity as a Second Refinancing Term Lender.
Holdings, the Company, the Borrowers, the Lenders party thereto from time to time and the Administrative Agents, are party to that certain Credit Agreement dated as of September 7, 2016 (as amended by the First Refinancing and Incremental Facility Amendment dated as of March 8, 2017, the Second Refinancing Amendment dated as of October 20, 2017 and as may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”).
The Soft-Call Premium shall be payable in full on, and subject to the occurrence of, the Second Refinancing Amendment Effective Date and the payment thereof shall satisfy the Borrower’s obligations under Section 2.23 of the Credit Agreement with respect to the refinancing of the Existing Term Loans.
The parties hereto agree that each Existing Letter of Credit, including any extension or renewal thereof in accordance with Section 2.03(a)(i), shall continue to constitute a Letter of Credit for all purposes of the Credit Agreement and shall be deemed issued for the account of the Borrower and shall constitute a usage of Other Revolving Credit Commitments on the Second Refinancing Amendment Effective Date.
The Administrative Agent shall have received evidence that all fees and expenses as separately agreed in writing among the Borrowers and the 2024 Refinancing Arranger, or otherwise in connection with this Second Refinancing Amendment, on the Second Refinancing Amendment Effective Date, shall be paid in full in cash.
Delivery of an executed counterpart of a signature page to this Second Refinancing Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of a manually executed original counterpart thereof.