Example ContractsClausesFirst Restatement Date
First Restatement Date
First Restatement Date contract clause examples

Restatement Date Solvency Certificate. The Administrative Agent shall have received a Restatement Date Solvency Certificate from the chief financial officer or treasurer of the Borrower, substantially in the form of [Exhibit C] to the Commitment Letter.

. The agreement of each Lender to make the initial extension of credit requested to be made by it on the Restatement Date is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Restatement Date, of the following conditions precedent:

Restatement Effective Date Conditions. The amendment and restatement of the Existing Credit Agreement shall become effective at such time (the “Restatement Effective Date”) when all of the conditions set forth in this Section 6.1 have been satisfied or waived by the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of each Borrower, the Administrative Agent and each Lender and their respective successors and permitted assigns:

Prior to Restatement Date. For all periods prior to the Restatement Date, on the last day of each month on which the Deferral Account of a Director has a credit balance, and on the day of final payment of all amounts owed to him under the Plan, (each an “Interest Accrual Date”) Bank shall credit to the Deferral Account maintained for the Director an amount equal to the product of # a fraction, the numerator of which is the number of days in the month through and including the Interest Accrual Date, and the denominator of which is the number days in the year, # the Interest Rate for the month, and # the average balance in the Deferral Account for the month. The amount so credited shall thereafter be added to and treated as a part of the credit balance of the Deferral Account for all purposes of this Plan or, in the case of final payment of all amounts owed to a the Director, paid to him as part of the final payment to reduce the balance in his Deferral Account to zero. For purposes of the foregoing, the average balance in a Deferral Account for a month shall be equal to the quotient determined by dividing # the sum of the credit balance in the Deferral Account at the close of business on each day in the month, by # the number of days in such month through and including the Interest Accrual Date.

Restatement Effective Date Conditions. The amendment and restatement of the Existing Credit Agreement shall become effective at such time (the “Restatement Effective Date”) when all of the conditions set forth in this Section 6.1 have been satisfied or waived by the Lenders, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of each Borrower, the Administrative Agent and each Lender and their respective successors and permitted assigns:

Restatement. The Ashland Global Holdings Inc. Supplemental Defined Contributions Plan for Certain Employees was amended and restated on January 1, 2015, and further amended on September 30, 2016, and is hereby further amended and restated as of May 22, 2019.

Restatement. Except as otherwise stated in [Section 11.02] and this [Section 11.04], as of the date hereof, the terms, conditions, agreements, covenants, representations and warranties set forth in the Existing Credit Agreement are hereby amended and restated in their entirety, and as so amended and restated, replaced and superseded, by the terms, conditions, agreements, covenants, representations and warranties set forth in this Agreement and the other Loan Documents. Except as provided below, the amendment and restatement contained herein shall not, in any manner, be construed to constitute payment of, or impair, limit, cancel or extinguish, or constitute a novation in respect of, the Indebtedness and other obligations and liabilities of any Loan Party evidenced by or arising under the Existing Loan Documents, and the Liens in the Collateral (as such term is defined herein) of Administrative Agent securing such Indebtedness and other obligations and liabilities, which shall not in any manner be impaired, limited, terminated, waived or released, but shall continue in full force and effect in favor of Administrative Agent for the benefit of the Secured Parties. The principal amount of the Loans outstanding as of the date hereof under the Existing Loan Documents, and after giving effect to any additional Loans made on the Restatement Effective Date, shall be allocated in accordance with the Applicable Percentages hereunder pursuant to the Commitment allocations made in such manner and in such amounts as Administrative Agent shall determine.

Effective Date; Amendment and Restatement. This Plan became effective, and Awards could be granted under this Plan, on and after April 5, 2018 (the “Effective Date”), the date on which the Company’s shareholders approved this Plan at the annual shareholders meeting. This Plan was amended and restated effective as of May 8, 2020, and is again being amended and restated effective as of April 8, 2021, subject to approval by the Company’s shareholders at the Company’s 2021 annual meeting. This Plan will terminate as provided in Section 17.

Effective Date; Amendment and Restatement. This Plan became effective, and Awards could be granted under this Plan, on and after April 5, 2018 (the “Effective Date”), the date on which the Company’s shareholders approved this Plan at the annual shareholders meeting. This Plan was amended and restated effective as of May 8, 2020, and is again being amended and restated effective as of April 8, 2021, subject to approval by the Company’s shareholders at the Company’s 2021 annual meeting. This Plan will terminate as provided in Section 17.

Effective Date; Amendment and Restatement. This Plan became effective, and Awards could be granted under this Plan, on and after April 5, 2018 (the “Effective Date”), the date on which the Company’s shareholders approved this Plan at the annual shareholders meeting. This Plan is being amended and restated effective as of May 8, 2020, subject to approval by the Company’s shareholders at the Company’s 2020 annual meeting. This Plan will terminate as provided in Section 17.

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