Additional Amendments. Each notice from the Lead Borrower, on behalf of the Borrowers, pursuant to this Section 2.17 shall set forth the requested amount and proposed terms of the relevant Additional Commitment. Additional Commitments (or any portion thereof) may be made by any existing Lender or by any other bank, other financial institution or investing entity (any such bank, investing entity or other financial institution, an “Additional Lender”), in each case on terms permitted in this Section 2.17 or otherwise on terms reasonably acceptable to the Administrative Agent. No Lender shall be obligated to provide any Additional Commitments unless it so agrees. Additional Commitments shall be included under this Agreement pursuant to an amendment (an “Additional Credit Amendment”) to this Agreement and, as appropriate, the other Loan Documents, pursuant to Section 2.17(b), executed by each Borrower that is a borrower with respect to such Additional Commitments as of the Additional Credit Closing Date (as defined below), each Lender agreeing to provide such Additional Commitment, if any, each Additional Lender, if any (each such Lender or Additional Lender, an “Additional Committing Lender”), and the Administrative Agent. An Additional Credit Amendment may, without the consent of any other Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent and the Lead Borrower, to effect the provisions of this Section 2.17.
Additional Amendments. Any and all additional provisions of the Indenture and the Notes are hereby deemed to be amended to reflect the intentions of the amendments provided for in this Article I.
Additional Amendments. With respect to the Notes, references to (A) “Section 6.01” in the Original Indenture shall be deemed to be references to “Section 7.01 of this Supplemental Indenture; (B) “Section 11.02” in the Original Indenture shall be deemed to be references to “Section 8.06” of this Supplemental Indenture; (C) “Section 6.01(g) or (h)” in the Original Indenture shall be deemed to be references to Section 7.01(a)(vi) or (a)(vii) of this Supplemental Indenture; and (D) “Article X” in the Original Indenture shall be deemed to be a reference to Article VI of this Supplemental Indenture.
Additional Amendments. Commented [WRA1]: NB – If subdivision not finished by April 2, can remove provision and accomplish through subsequent amendment.
a. Section 1.02 and Exhibits B, C, D, and X. Xxxxxxxx to that certain Deed of Subdivision, Dedication, Easement, Quitclaim, and Vacation, dated as of , 2020 and recorded in the land records of Fairfax County, Virginia in Deed Book [ ] at Page [ ], the FCRHA – with the consent of CHPPENN, Developer, and the Other Tenants – subdivided the Existing FCRHA Land into separate Fairfax County tax map parcels for each of the Park, the Townhome Tract, the 9% Premises, the 47 Premises, the 94 Premises, and the Senior Premises. Accordingly, pursuant to Section 1.02 of the DLA, Exhibits B, C, D, and F of the DLA are hereby deleted and replaced with Exhibits B, C, D, and F to this Amendment, establishing the Multifamily Site, the Senior Premises, the Park, and the Townhome Tract, respectively.
Additional Amendments. No modification, rescission, waiver, release or amendment of any provision of this ENA shall be made except by a written agreement executed by all of the Parties.
Additional Amendments. Notwithstanding the foregoing, this Agreement may not be amended or modified to:
(i) release all or substantially all of the value of the Guarantees under the Guaranty Agreement without the consent of each Lender directly and adversely affected thereby; or
(ii) amend, modify or otherwise affect the rights or duties of the Issuing Banks hereunder without the prior written consent of each Issuing Bank.
Additional Amendments. Notwithstanding the foregoing, this Agreement may be amended or supplemented by an agreement or agreements in writing, solely with the consent of the Administrative Agent (on behalf of the Requisite Incremental Lead Arrangers (as defined in the Fee Letter)) and the Borrower Representative, without the need to obtain the consent of any other Lender, to implement the Flex Provisions (as defined in the Fee Letter), and, to the extent such amendment would be otherwise permitted by the terms of this Agreement, such amendment shall become effective without any further action or the consent of any other party to any Loan Document; provided, however, that notwithstanding the foregoing or any other provision hereof, if the Administrative Agent (on behalf of the Requisite Incremental Lead Arrangers) at any time or from time to time on or prior to the achievement of a Successful Syndication (as defined in the Fee Letter) with respect to the Incremental Term Facility proposes to effect the Flex Provisions (as defined in the Fee Letter), the Borrower Representative shall enter into such amendment within fifteen Business Days (or such longer period as may be agreed by the Administrative Agent) from the date of delivery to the Borrower Representative of a draft amendment reflecting the applicable Flex Provisions (as defined in the Fee Letter) permitted to be exercised under the Fee Letter; provided, that the Administrative Agent (on behalf of the Requisite Incremental Lead Arrangers) shall use reasonable best efforts to effectuate any such amendment in a timely manner and such period may be extended as reasonably agreed among the Borrower Representative and the Administrative Agent. The Borrower Representative hereby acknowledges that failure to enter into such an amendment or amendments pursuant to this Section 14 constitutes an Event of Default under Section 7.01 of the Credit Agreement. In addition, the parties hereto acknowledge and agree that the Borrower Representative may elect prior to the Syndication Launch Date (as defined in the Commitment Letter referred to in the Fee Letter) to request that the Incremental Lead Arrangers syndicate an Incremental Euro Tranche (as defined in and pursuant to the terms of the Commitment Letter referred to in the Fee Letter) to refinance of all or part of the Incremental Term Loans funded hereunder; provided, that the Incremental Lead Arrangers shall only be obligated to use commercially reasonable efforts to arrange the Incremen...
Additional Amendments of the Agreement is hereby changed by replacing the address for notices to be sent to FUJIFILM to read as follows: “In the case of FUJIFILM: Chief Executive Officer FUJIFILM Dimatix, Inc. 2000 Xxxxxx Xxxxxx Santa Clara, CA 95050 Facsimile: (000) 000-0000 with a copy to: FUJIFILM Holdings America Corporation Valhalla, NY 10595-1356 Attn: Legal Department Facsimile:
Additional Amendments. Effective immediately upon the effectiveness of the Merger:
(a) the second sentence of Section 1 of the Agreement is hereby amended and restated in its entirety to read as follows: In discharging such duties and responsibilities, the Executive may also serve as an executive officer and/or director of any direct or indirect subsidiary of the Company (collectively the "Subsidiaries", and together with any direct or indirect parent of the Company and any other direct or indirect subsidiary of any such parent, collectively the "Affiliates") or of any Affiliate.
(b) Section 3(c) is hereby deleted in its entirety.
(c) each instance of the phrase "its Subsidiaries" in Sections 4(b), 5(a), 5(b), and 5(c) of the Agreement is hereby deleted and replaced with the phrase "its Affiliates".
(d) each instance of the phrase "the Subsidiaries" in Sections 4(b), 5(b), 5(c) and 5(d) of the Agreement is hereby deleted and replaced with the phrase "its Affiliates".
(e) the first sentence of Section 4(c) of the Agreement is hereby amended and restated to read in its entirety as follows:
(c) Termination for Good reason by the Executive. By following the procedure set forth in paragraph 4(e), the Executive shall have the right to terminate the Executive's employment with the Company for "Good Reason" in the event (i) the Executive is not at all times a duly elected Executive Vice President and Chief Financial Officer of the Company or a holder of a comparable title with an Affiliate; (ii) there is any material reduction in the scope of the Executive's authority and responsibility (provided, however, that the transfer of the Executive to a position of substantially similar authority and responsibility with an Affiliate shall not constitute a "material reduction" in the scope of Executive's authority and responsibility hereunder); (iii) there is a reduction in the Executive's Base Salary, a material reduction in the amount of Annual Bonus for which the Executive is eligible, an amendment to any employee retirement plan applicable to the Executive which is materially adverse to the Executive, or a material reduction in the other benefits to which the Executive is entitled under paragraph 3(e) above; (iv) the Company requires the Executive's principal place of employment to be anywhere other than the Company's or an Affiliate's principal executive offices, or there is a relocation of such principal executive offices outside of the Minneapolis/St. Xxxx, Minnesota metropolitan area; or...
Additional Amendments. The Parties hereby make and agree to all conforming amendments and modifications to the Exchange Agreement necessary to reflect amendments to the Exchange Agreement effected by this Amendment.
