Item 1.01 Entry into a Material Definitive Agreement.
Second Amended and Restated Credit Agreement
On
In addition, the Agreement further amends and restates the Company's predecessor
senior credit facility by, among other things, (1) extending the maturity of the
Agreement's revolving credit facility from
The Agreement continues to require the Company to maintain a maximum average total leverage ratio and a minimum fixed charge coverage ratio consistent with the terms specified in the Company's predecessor senior credit facility.
All obligations under the Agreement continue to be guaranteed on an unsecured basis by substantially all of the Company's existing and future domestic subsidiaries. The Agreement also continues to contain various customary affirmative and negative covenants and events of default. The occurrence of any of these events of default would permit the lenders to, among other things, require immediate payment of all amounts outstanding under the Agreement.
The Company is obligated to pay certain customary fees to the lenders and agents under the Agreement. In the ordinary course of business, the Company and its affiliates have engaged, and may in the future engage, certain parties to the Agreement or their affiliates to provide commercial banking, investment banking, and other services for which the Company or its affiliates pay customary fees or commissions.
The description of the amendments set forth above is qualified by reference to the Agreement, which is filed as Exhibit 10.1 to this Form 8-K.
The Agreement included as an exhibit to this Form 8-K is included to provide you with information regarding the terms of the Agreement and is not intended to provide any other factual or disclosure information about the Company or the other parties thereto. The Agreement contains representations, warranties and covenants that the parties thereto made to each other as of specific dates. These representations and warranties may apply standards of materiality in a way that is different from what may be viewed as material to you or other investors or may have been used for the purpose of allocating risk between the parties rather than establishing matters of fact.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The information provided in Item 1.01 above is incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits 10.1 Second Amended and Restated Credit Agreement dated as ofSeptember 27, 2021 . 104 Cover Page Interactive Data File (embedded within the Inline XBRL document).
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