Sixth Amendment Refinancing definition
Examples of Sixth Amendment Refinancing in a sentence
Amounts repaid or prepaid in respect of the Sixth Amendment Refinancing Term Loans may not be reborrowed.
All unpaid Sixth Amendment Refinancing Term Loans shall be paid in full in Dollars by the Applicable Borrower on the applicable Maturity Date.
On or prior to the Amendment No. 6 Effective Date, Irish Holdco shall have delivered or caused to be delivered to the Administrative Agent a solvency certificate from a director or senior financial officer of Irish Holdco, substantially in the form of Exhibit C to the Credit Agreement, attesting to the solvency of Irish Holdco and its Subsidiaries, taken as a whole, after giving effect to the Borrowing of the Sixth Amendment Refinancing Term Loans and the use of proceeds thereof.
The Existing Credit Agreement is deemed to be amended initially pursuant to the fourth paragraph of Section 10.1 of the Existing Credit Agreement (in respect of Replacement Term Loans) to effect the Sixth Amendment Refinancing, thereafter pursuant to Section 2.4 of the Existing Credit Agreement (in respect of the 2026 Upsize), and then to be amended pursuant to the first paragraph of Section 10.1 of the Existing Credit Agreement to effect the other modifications set forth in the Amended Credit Agreement.
Holdings and its Subsidiaries (on a consolidated basis), after giving effect to the Sixth Amendment Refinancing, the 2026 Term Loan Upsize and the incurrence of all Indebtedness and obligations being incurred in connection herewith and therewith, will be and will continue to be Solvent.
All fees required to be paid on the Amendment No. 6 Effective Date pursuant to the Engagement Letter (as defined below) and reasonable out-of-pocket expenses required to be paid on the Amendment No. 6 Effective Date pursuant to the Engagement Letter, solely with respect to expenses to the extent invoiced at least three (3) business days prior to the Amendment No. 6 Effective Date, shall, upon the initial borrowing of the Sixth Amendment Refinancing Term Loans, have been paid.
The Administrative Agent shall have received a duly completed Borrowing Request for the Sixth Amendment Refinancing Term Loans to be borrowed on the Amendment No. 6 Effective Date.
The proceeds of the 2026 Term Loans shall (i), to the extent constituting Replacement Term Loans hereunder, be used to finance the Sixth Amendment Refinancing and (ii) to the extent constituting Incremental Term Loans hereunder, be used for general corporate purposes not otherwise prohibited by any of the provisions of this Agreement.