Third Incremental Effective Date definition
Examples of Third Incremental Effective Date in a sentence
From and after the Third Incremental Effective Date, references to “European Tranche”, “Canadian Tranche” and “U.S. Tranche” and related terms and references as used in the Credit Agreement shall, unless the context otherwise requires, refer only to the corresponding Tranches of the Third Incremental Revolving Facility Commitments and the Borrowings thereunder.
Notwithstanding any provision of this Amendment, the provisions of Sections 2.16, 2.17, 2.18 and 9.05 of the Credit Agreement as in effect immediately prior to the Third Incremental Effective Date will continue to be effective as to all matters arising out of or in any way related to facts or events existing or occurring prior to the Third Incremental Effective Date.
Nothing herein contained shall be construed as a substitution or novation of the Loans outstanding under the Credit Agreement, which shall remain outstanding after the Third Incremental Effective Date as modified hereby.
On or prior to the Third Incremental Effective Date, the applicable Borrowers shall submit a Borrowing Request to the Administrative Agent for Borrowings under the Third Incremental Revolving Facility Commitments in an amount sufficient to repay on the Third Incremental Effective Date all amounts outstanding with respect to the existing European Tranche, Canadian Tranche and U.S. Tranche, and the Administrative Agent shall apply the proceeds of such Borrowings to the repayment of such Tranches.
On the Third Incremental Effective Date, Section 2.01(a) of the Credit Agreement shall be amended by inserting the text “(or following the Third Incremental Effective Date, the total European Tranche Commitments)” immediately following the text “exceeding $125.0 million” set forth therein.
From and after the Third Incremental Effective Date, Section 9.05 of the Credit Agreement shall be amended by replacing the text “Cravath, Swaine & M▇▇▇▇ LLP“ set for therein with the text “S▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & B▇▇▇▇▇▇▇ LLP”.
On the Third Incremental Effective Date, all outstanding Letters of Credit issued under the existing European Tranche and all outstanding Letters of Credit and B/A's issued under the existing Canadian Tranche shall be deemed Letters of Credit or B/A's, as applicable, outstanding under the corresponding Tranche of the Third Incremental Revolving Facility Commitments.
On the Third Incremental Effective Date, Section 2.13(a) of the Credit Agreement shall be amended by inserting the text “with respect to Revolving Facility Commitments other than Third Incremental Revolving Facility Commitments and equal to 4.50% per annum with respect to Third Incremental Revolving Facility Commitments” immediately following the text “0.50% per annum” set forth therein.
As of the Third Incremental Effective Date, any reference to the Credit Agreement shall mean the Credit Agreement as modified hereby.