Examples of Amendment and Restatement Date in a sentence
The representations and warranties set out in this Article IV are given hereunder by the Issuer to the Purchaser as of the Amendment and Restatement Date, unless otherwise specified to be as of another date.
Except as disclosed in a schedule delivered to the Issuer prior to the Amendment and Restatement Date, no action, suit, proceeding or investigation is pending or (to the best knowledge of the Purchaser) overtly threatened in writing against the Purchaser in any court or before any governmental authority in any way contesting or, if decided adversely, would affect the validity of this Agreement.
As of the Amendment and Restatement Date, the Issuer owns only Eligible Assets, as described inExhibit B to this Agreement.
At the time the Purchaser was offered the VMTP Shares, it was, and as of the Amendment and Restatement Date it is: (i) an "accredited investor" as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7) or (a)(8) under the Securities Act or (ii) a QIB.
On the Amendment and Restatement Date, the Issuer shall pay the fees and expenses of the Purchaser's outside counsel in connection with the negotiation and documentation of the transactions contemplated by the amendment and restatement of the VMTP Purchase Agreement by this Second Amended and Restated VMTP Purchase Agreement, but not including any other amendments, waivers or consents under or in respect of this Agreement.