Examples of Sixth Amendment Date in a sentence
The Borrower represents and warrants as of the Sixth Amendment Date that the Borrower is not and will not be (a) an employee benefit plan subject to Title I of ERISA; (b) a plan or account subject to Section 4975 of the Code; (c) an entity deemed to hold “plan assets” of any such plans or accounts for purpose of ERISA or the Code; or (d) a “governmental plan” within the meaning of ERISA.
As of the Sixth Amendment Date, the outstanding principal balances of the Closing Date Advance and the Tranche 2 Advance (collectively, the “ Original Growth Capital Loans”) are as set forth on Schedule 1.1 hereof.
The Company shall, therefore, issue $450,000 in warrant coverage on the $450,000 of May 13 Bridge Funding provided on the Sixth Amendment Date.
The proceeds of the additional Loans made on the Sixth Amendment Date shall be applied by Borrower Group (a) to repay certain indebtedness, (b) to pay certain fees, costs and expenses incurred in connection with the TECO Transactions, and (c) for working capital and general corporate purposes of Borrower Group and its Subsidiaries.
Borrower Group shall deliver to Administrative Agent a fully executed Funding Notice no later than three days prior to the Sixth Amendment Date (or such shorter period as may be acceptable to Administrative Agent).