Third Amendment and Restatement Date definition
Examples of Third Amendment and Restatement Date in a sentence
For purposes of determining withholding Taxes imposed under FATCA, from and after the Third Amendment and Restatement Date, the Lenders hereby authorize the Administrative Agent to treat and the Administrative Agent shall treat all Loans (including any Loans already outstanding) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).
As of the Third Amendment and Restatement Date, no effective financing statement or other instrument similar in effect covering any of the Collateral (including, without limitation, any Pledged Policies) or any interest therein owned by the Borrower (directly or through the Securities Intermediary) is on file in any recording office except for financing statements in favor of the Lender in accordance with this Agreement and the other Loan Documents.
Receipt by the Lender of any additional fees and expenses set forth herein that are required to be paid on or before the Third Amendment and Restatement Date.
All GWG Collateral Policies are included in the Pledged Policies as of the Third Amendment and Restatement Date and all GWG Collateral is included in the Collateral as of the Third Amendment and Restatement Date.
Set forth in Schedule 5.20 is a complete and accurate description, as of the Third Amendment and Restatement Date, of the Securities Account, Policy Account and each other deposit account or securities account of the Borrower or the Equity Owner (collectively, the “Accounts”).
Subject to Section 6(b) of the Second Amendment and Restatement Agreement, as of the Third Amendment and Restatement Date, the Collateral Documents create valid Security Interests in the Collateral to the extent set forth therein.
As of the Third Amendment and Restatement Date, no effective financing statement or other instrument similar in effect covering any of the Collateral (including, without limitation, any Pledged Policies) or any interest therein owned by the Borrower (directly or through the Securities Intermediary) was on file in any recording office.
The amendments and restatements set forth herein shall not cure any breach thereof or any “Potential Default” or “Event of Default” under and as defined in the Existing Credit Agreement prior to the Third Amendment and Restatement Date.
This amendment and restatement is limited as written and is not a consent to any other amendment, restatement or waiver, whether or not similar and, unless specifically amended hereby or by any other Transaction Document, each of the Transaction Documents shall continue in full force and effect and, from and after the Third Amendment and Restatement Date, all references to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement.
For the avoidance of doubt, all Existing Advances under the Multicurrency Tranche in USD shall be allocated to the USD Tranche in an amount up to the Financing Commitments under the USD Tranche on the Third Amendment and Restatement Date.