Aegis holds a Secured Promissory Notes issued by (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Aegis Senior Note”), which was issued pursuant to that certain Note Purchase Agreement dated as of October 6, 2022, by and among , Craft Canning and Aegis (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Note Purchase Agreement”). Aegis also holds a Note Guaranty issued by Craft Canning dated as of October 6, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Note Guaranty”)
Credit Agreement means the Second Lien Credit Agreement dated as of April 19, 2012, among the Company, the Lenders party thereto, and JPMorgan Chase Bank, N.A., as Administrative Agent, as heretofore amended or amended and restated and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time.
“Agreement” means this First Lien Credit Agreement, as amended, restated, amended and restated, modified or supplemented from time to time in accordance with the terms hereof.
# Excess Defined Benefit Pension Plan
# Employees’ Savings Trust Plan (NEST)
Agreement means this Five Year Credit Agreement, as it may be amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time.
"Restated Facility Agreement" means the Existing Facility Agreement as amended and restated pursuant to this Agreement in the form set out in [Schedule 4] (Restated Facility Agreement).
“Deferred Stock Trust” means the Amended and Restated Deferred Stock Trust Agreement for Directors of The Southern Company and its Subsidiaries, as amended or amended and restated from time to time.
Reference is made to the Second Amended and Restated Credit Agreement dated as of October 10, 2018 (as amended by the Amendment Agreement dated as of March 1, 2023 and as further amended, amended and restated, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among (the “Borrower”), (“Holdings”), the Lenders party thereto from time to time and , as Administrative Agent. This notice constitutes an Interest Election Request and the Borrower hereby gives you notice, pursuant to [Section 2.07] of the Amended and Restated Credit Agreement, that it requests the conversion or continuation of a Borrowing under the Amended and Restated Credit Agreement, and in that connection the Borrower specifies the following information with respect to such Borrowing and each resulting Borrowing:
Amended Quarterly Reports. The Borrower shall have publicly filed with the SEC the Borrowers amended Quarterly Report on Form 10-Q with respect to the quarterly period ended June 30, 2014 and the Borrowers Quarterly Report on Form 10-Q with respect to the quarterly period ended September 30, 2014.
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