receipt by the Bank of a certificate (the “Closing Certificate”), dated the date of the Restatement Effective Date, substantially in the form of [Exhibit C] hereto, signed by a principal financial officer of each Loan Party, to the effect that # no Default has occurred and is continuing on the Restatement Effective Date and # the representations and warranties of the Loan Parties contained in Article IV are true on and as of the date of the Restatement Effective Date;
Financial Statement Restatement. The Borrower replaces its auditor, or any restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note.
Loans subject to Plan terms. Notwithstanding anything in this Section to the contrary, if this is an amendment and restatement of an existing Plan, any loans made prior to the date this amendment and restatement is adopted shall be subject to the terms of the Plan in effect at the time such loan was made.
any other agreement, arrangement or transaction as in effect on the Closing Date and listed on Schedule 6.08(g), and any amendment or modification thereto or restatement thereof, and the performance of obligations thereunder, so long as such amendment or modification or restatement is not materially adverse to the interests of the [[Organization B:Organization]]; and
“Existing Credit Agreement” means this Agreement as amended and restated on April 8, 2016, and in effect immediately prior to its restatement in the form hereof.
this amendment and restatement shall be limited as written and not be a consent to any other amendment, restatement, supplement, waiver or other modification, whether or not similar and, except as expressly provided herein or in any other Loan Document, all terms and conditions of the Loan Documents remain in full force and effect unless otherwise specifically amended hereby.
The Plan has been in effect since June 1, 2007. Pursuant to its authority under [Section 7.4(a)] hereof, the Administrative Committee has determined that it is desirable to adopt a new restatement of the Plan in order to improve the administration of the Plan and make certain clarifications. This restatement is effective August 16, 2017.
“Term B-1 Loan” shall have the meaning assigned to such term in the Original Credit Agreement as in effect immediately prior to the First Restatement Effective Date.
Subject to Section 2 below, all “Revolving Loan Commitments” as defined in, and in effect under, the Existing Credit Agreement on the Restatement Effective Date shall continue in effect under the Restated Credit Agreement, and all “Revolving Loans” or other “Obligations” as defined in, and outstanding under, the Existing Credit Agreement on the Restatement Effective Date shall continue to be outstanding under the Restated Credit Agreement, and on and after the Restatement Effective Date the terms of the Restated Credit Agreement will govern the rights and obligations of the Borrowers, the Lenders and the Administrative Agent with respect thereto. For the avoidance of doubt, any additional obligations constituting “Secured Obligations” owing to any Lender or any Affiliate of any Lender which are outstanding on the Restatement Effective Date shall continue as Secured Obligations for purposes of the Restated Credit Agreement and the other Loan Documents.
"Restatement" has the meaning ascribed thereto in Section 8.1; "Restatement Period" means the financial periods of Fortis or the Company covered by a Restatement;
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