Third ARCA Effective Date definition
Examples of Third ARCA Effective Date in a sentence
Any such promissory note evidencing a Term Loan prior to the Third ARCA Effective Date may be exchanged, upon the request of the relevant Lender made through the Administrative Agent and the surrender of such promissory note to the Borrower through the Administrative Agent, for promissory notes evidencing the Tranche B-2 Term Loans and/or the Tranche A-3 Term Loans as applicable, into which such Lender’s Term Loans were converted on the Third ARCA Effective Date.
The proceeds of the Tranche A-3 New Term Loans will be used to prepay Revolving Loans outstanding on the Third ARCA Effective Date and to pay fees and expenses arising in connection with the transactions contemplated by the Third Amendment and Restatement Agreement.
The Administrative Agent shall notify the Borrower and the Lenders of the Third ARCA Effective Date and such notice shall be conclusive and binding.
All outstanding Tranche B-2 Term Loans outstanding under the Second ARCA on the Third ARCA Effective Date shall remain outstanding hereunder on the terms set forth herein.
As of the Third ARCA Effective Date, the Tax Sharing Agreement (as defined in the Merger Agreement) is the only agreement among the Loan Parties regarding tax sharing, tax reimbursement or tax indemnification.
Schedule 3.12 sets forth the name of, and the ownership interest of the Borrower in, each of its Subsidiaries and identifies each Subsidiary that is a Guarantor, in each case as of the Third ARCA Effective Date.
As of the Third ARCA Effective Date, the Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which any Wireline Company is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
As of the Third ARCA Effective Date, all premiums in respect of such insurance have been paid to the extent then due.
Except as set forth above, all schedules and exhibits to the Second ARCA, in the forms thereof immediately prior to the Third ARCA Effective Date, will continue to be schedules and exhibits to the Amended Agreement.
As of the Third ARCA Effective Date, there are no representation proceedings pending or, to the knowledge of the Borrower or any Subsidiary, threatened with the National Mediation Board, and no labor organization or group of employees of the Borrower or any Subsidiary has made a pending demand for recognition, except those that, in the aggregate, would not reasonably be expected to have a Material Adverse Effect.