Fifth Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.
Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement dated as of December 18, 2014 (as amended, supplemented or otherwise modified from time to time prior to the Sixth Restatement Effective Date (as defined in the Existing Credit Agreement)) among the Company, certain Subsidiaries of the Company from time to time party thereto, each Lender from time to time party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and Bank of America, N.A., Wells Fargo Bank, National Association, HSBC Bank USA, National Association, MUFG Bank, Ltd. and U.S. Bank National Association, as Swing Line Lenders and L/C Issuers.
Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement dated as of December 18, 2014 (as amended, supplemented or otherwise modified from time to time prior to the Sixth Restatement Effective Date (as defined in the Existing Credit Agreement)) among the Company, certain Subsidiaries of the Company from time to time party thereto, each Lender from time to time party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer and Bank of America, N.A., Xxxxx Fargo Bank, National Association, HSBC Bank USA, National Association, MUFG Bank, Ltd. and U.S. Bank National Association, as Swing Line Lenders and L/C Issuers.
Examples of Fifth Amended and Restated Credit Agreement in a sentence
By: [Signature redacted] Name: [Signatory redacted] Title: [Title redacted] [signature page for the Third Amending Agreement to the Fifth Amended and Restated Credit Agreement relating to ATS Automation Tooling Systems Inc.
By: Name: [Signatory redacted] Title: [Title redacted] I have the authority to bind the Corporation [signature page for the Fifth Amended and Restated Credit Agreement relating to ATS Automation Tooling Systems Inc.
By: Name: Title: [signature page for the Fifth Amended and Restated Credit Agreement relating to ATS Automation Tooling Systems Inc.
By: [Signature redacted] Name: [Signatory redacted] Title: [Title redacted] [signature page for the First Amending Agreement to the Fifth Amended and Restated Credit Agreement relating to ATS Automation Tooling Systems Inc.
By: [Signature redacted] Name: [Signatory redacted] Title: [Title redacted] [signature page for the Second Amending Agreement to the Fifth Amended and Restated Credit Agreement relating to ATS Automation Tooling Systems Inc.
More Definitions of Fifth Amended and Restated Credit Agreement
Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement, dated as of July 27, 2004, among Company, the lenders from time to time party thereto, and the Administrative Agent, as amended, modified or supplemented from time to time.
Fifth Amended and Restated Credit Agreement has the meaning ascribed to it in the recitals.
Fifth Amended and Restated Credit Agreement has the meaning given to it in Recital F. (128) “Financial Assistance” means any form of direct or indirect financial assistance of any other Person by means of a loan, guarantee or otherwise or any obligations (contingent or otherwise) intended to enable such other Person to incur or pay any debt or comply with any agreements related thereto or to otherwise assure or protect creditors of such other Person against loss in respect of debt or any other obligations of such other Person. The amount of any Financial Assistance is the amount of the loan, guarantee or other direct or indirect financial assistance, or, if the Financial Assistance is not limited to a determinable amount, then the amount of the Financial Assistance is the lesser of (i) the total of all Debt of the other Person to which such Financial Assistance relates, and (ii) the net realizable value of the assets of the Person providing the Financial Assistance. (129) “Fiscal Year” means the fiscal year of the Borrower, ending on December 31. (130) “Fixed Charge Coverage Ratio” means, at any time of determination, with respect to the Borrower, on a consolidated basis, the ratio of: (a) Consolidated EBITDA for the applicable period to (b) the sum of (i) Consolidated Interest Expense and (ii) all scheduled principal repayments of Debt for such period. (131) “Foreign Lender” means any Lender that is not organized under the laws of the jurisdiction in which the Borrower is resident for tax purposes and that is not otherwise considered or deemed in respect of any amount payable to it hereunder or under any Document to be resident for income tax or withholding tax purposes in the jurisdiction in which the Borrower is resident for tax purposes by application of the laws of that jurisdiction. For purposes of this definition Canada and each Province and Territory thereof shall be deemed to constitute a single jurisdiction and the United States of America, each State thereof and the District of Columbia shall be deemed to constitute a single jurisdiction. (132) “Fronting Fee” shall have the meaning given to it in Section 3.6. (133) “Fourth Amended and Restated Credit Agreement” has the meaning given to it in Recital E. (134) “GBCI” means the U.S. Green Building Council or Canada Green Building Council, as applicable, or any successor thereto.
Fifth Amended and Restated Credit Agreement has the meaning set forth in Recital B to this Amendment and is hereby incorporated into the Original Mortgage.
Fifth Amended and Restated Credit Agreement has the meaning set forth in the Preliminary Statements.
Fifth Amended and Restated Credit Agreement means the Bank Credit Agreement as of the date hereof as proposed to be amended and restated as described in the Offering Memorandum under the heading “Summary—Recent Developments—Amended and Restated Bank Credit Agreement.”
Fifth Amended and Restated Credit Agreement means the Fifth Amended and Restated Credit Agreement dated September 14, 2021, among certain subsidiaries of Rush Enterprises, Inc., as borrowers, Rush Enterprises, Inc., as the borrower representative, certain lenders, and BMO Xxxxxx Bank, N.A., as administrative agent, further amended, supplemented, extended, renewed, restated or replaced from time to time.