Second Restatement Effective Date Sample Clauses
The "Second Restatement Effective Date" clause defines the specific date on which the terms and provisions of a second restatement of an agreement become legally binding and enforceable. This clause typically identifies a calendar date or a triggering event, such as the completion of certain conditions or the execution of the restated agreement by all parties. By clearly establishing when the new or revised terms take effect, the clause ensures that all parties are aware of their rights and obligations from that point forward, thereby preventing confusion or disputes regarding the applicability of the updated agreement.
Second Restatement Effective Date. The amendment and restatement of the First Amended and Restated Agreement in the form hereof, and the obligations of the Lenders to make Loans and acquire participations in Swingline Loans pursuant hereto, shall become effective on the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):
(a) The Administrative Agent (or its counsel) shall have received from the Borrower, each Lender and the Administrative Agent either (i) a counterpart of this Agreement (which may include telecopy or electronic transmission of a signed signature page of this Agreement) signed on behalf of such party or (ii) written evidence satisfactory to the Administrative Agent that such party has signed a counterpart of this Agreement.
(b) The Administrative Agent shall have received a favorable written opinion (addressed to the Administrative Agent and the Lenders and dated the Second Restatement Effective Date) of ▇▇▇▇▇▇▇▇ ▇▇▇▇, Vice President, Deputy General Counsel and Assistant Secretary of the Borrower (or any internal or outside counsel designated by the Borrower), substantially in the form of Exhibit B, and covering such matters relating to the Borrower, this Agreement or the Transactions as the Lenders shall reasonably request. The Borrower hereby requests such counsel to deliver such opinion.
(c) The Administrative Agent shall have received such documents and certificates as the Administrative Agent may reasonably request relating to the organization, existence and good standing of the Borrower in its jurisdiction of organization, the authorization of the Transactions and any other legal matters relating to the Borrower, the Subsidiaries, this Agreement or the Transactions, all in form and substance reasonably satisfactory to the Administrative Agent.
(d) The Administrative Agent shall have received a certificate dated the Second Restatement Effective Date signed by a Vice President or a Financial Officer of the Borrower confirming compliance with the conditions set forth in paragraphs (a) and (b) of Section 4.02 as of such date (but without excluding the representation and warranty set forth in Section 3.04(b) or Section 3.05).
(e) Accrued interest on all loans outstanding under the First Amended and Restated Credit Agreement to the Second Restatement Effective Date and all fees, cost reimbursements and out-of-pocket expenses accrued to or required to be paid or reimbursed on or prior to the Second Restatement Effective Dat...
Second Restatement Effective Date. The amendment and restatement of the Original Credit Agreement (as restated by the First Restatement Agreement) contemplated hereby shall not become effective until the date on which each of the conditions set forth in Article IV of the Second Restatement Agreement is satisfied (or waived in accordance with Section 12.10).
Second Restatement Effective Date. The Second Restatement Effective Date shall have occurred.
Second Restatement Effective Date. Without affecting the rights of the Borrower or any Subsidiary hereunder at all times prior to the Second Restatement Effective Date, the amendment and restatement in the form hereof of the Original Agreement and the obligations of the Lenders to make Loans and acquire participations in Letters of Credit and Swingline Loans and of the Issuing Banks to issue Letters of Credit hereunder shall not become effective until the date on which the conditions set forth in Sections 2.2(b) and 2.3 of the Amendment and Restatement Agreement shall have been satisfied. It is understood and agreed that no term of the amendment and restatement contemplated hereby shall be effective until the Second Restatement Effective Date occurs, and that the Original Agreement shall continue in full force and effect without regard to the amendment and restatement contemplated hereby until the Second Restatement Effective Date.
Second Restatement Effective Date. The restatement of the Original Credit Agreement contemplated by this Agreement shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 10.02):
Second Restatement Effective Date. The Borrowers shall pay all accrued fees in respect of the U.S. Revolving Facility and Canadian Revolving Facility under Section 2.10(a) and (b) of the First Amended and Restated Credit Agreement that are owing by them thereunder on the Second Restatement Effective Date.
Second Restatement Effective Date. The conditions to effectiveness of this amendment and restatement of the Amended and Restated Credit Agreement in the form of this Agreement, and to the obligation of each Lender to make a Credit Extension on the Second Restatement Effective Date are set forth in Section 5 of the Amendment.
Second Restatement Effective Date. The effectiveness of the amendment and restatement of the Existing Credit Agreement, in the form of this Agreement is subject to the satisfaction of the conditions precedent set forth in Section 4 of the Second Amendment Agreement.
Second Restatement Effective Date. The effectiveness of this Agreement is subject to the satisfaction, or waiver in accordance with Section 11.5, of the conditions precedent set forth in Section 6 of the Second Amendment.
Second Restatement Effective Date. This Agreement shall become effective on the date (the "SECOND RESTATEMENT EFFECTIVE DATE") on which the Agent notifies the Borrower that the following conditions have been satisfied: