Agreement or Credit Agreement means this Fifth Amended and Restated Credit Agreement, dated as of April 30, 2013, as hereafter amended, modified, supplemented or restated from time to time.
Amendment No. 1 Effective Date means June 26, 2014.
Amendment No. 2 Effective Date means November 16, 2016.
Amendment No. 3 Effective Date means January 20, 2017.
Amendment No. 4 Effective Date means August 22, 2018.
Amendment No. 5 Effective Date means August 10, 2020.
Amendment No. 6 Effective Date means March 8, 2021.
Amortization Period means the period beginning on the Termination Date and ending on the Maturity Date.
Applicable Law means, for any Person, all existing and future applicable laws, rules, regulations (including proposed, temporary and final income tax regulations), statutes, treaties, codes, ordinances, permits, certificates, orders and licenses of and interpretations by any Governmental Authority (including, without limitation, usury laws, the Federal Truth in Lending Act, Regulation Z, Regulation W, Regulation U and Regulation B of the Federal Reserve Board, the Foreign Corrupt Practices Act and the USA PATRIOT Act), and applicable judgments, decrees, injunctions, writs, orders, or line action of any court, arbitrator or other administrative, judicial, or quasi-judicial tribunal or agency of competent jurisdiction.
Applicable Margin means (i) 2.85% per annum during the Revolving Period, and (ii) (A) 3.10% for the period from the last day of the Revolving Period to the first anniversary thereof, and (B) 3.35% thereafter.
Applicable Percentage means, with respect to any Lender on any day, the percentage equivalent of a fraction, the numerator of which is the Lenders Commitment and the denominator of which is the Facility Amount. If the Commitments have terminated or expired, the Applicable Percentages shall be determined based upon the Commitments most recently in effect, giving effect to any assignments.
Approved Officer means David Gladstone, Jay Beckhorn, Terry Brubaker, David A. R. Dullum, Michael LiCalsi, Julia Ryan and any other individual satisfactory to the Administrative Agent and the Required Lenders, as determined in their reasonable discretion.
Approved Valuation Service means, any of (i) ICE Data Pricing, (ii) Murray, Devine and Company, (iii) Houlihan Lokey, Duff & Phelps LLC, Lincoln Advisors, (iv) Stout Risius Ross, (v) Alvarez & Marsal, (vi) Valuation Research Corporation and (vii) each other valuation service provider approved by the Administrative Agent from time to time in its reasonable discretion.
Assignment and Acceptance is defined in Section 11.1(b).