Amendment and Restatement of the. First Restated Credit Agreement. Effective as of the Closing Date, this Agreement shall constitute an amendment and restatement of all, but not an extinguishment, discharge, satisfaction or novation of any, indebtedness liabilities and/or obligations (including, without limitation, the Obligations) of the Loan Parties under the Original Credit Agreement and the First Restated Credit Agreement.
Amendment and Restatement of the. Limited Partnership Agreement of AAP. Each of the Existing Owners, on behalf of themselves, GP LLC and AAP, in their capacity as members of GP LLC, and in GP LLC’s capacity as the general partner of AAP, hereby ratifies, authorizes, approves, adopts and confirms, in all respects, the terms and provisions of the Seventh Amended and Restated Limited Partnership Agreement of AAP, substantially in the form attached hereto as Exhibit D (the “AAP Partnership Agreement”).
Amendment and Restatement of the. Stockholders' Agreement. Upon execution and delivery of the Restated Stockholders' Agreement, the Restated Stockholders' Agreement shall be effective and will be enforceable against the Borrower and the Parent in accordance with its terms.
Amendment and Restatement of the. Existing Credit Agreement. 39
Amendment and Restatement of the. SECOND SPLIT PORTION OF THE BONDS OF THE EIGHTY-FOURTH SERIES REDESIGNATED AS THE BONDS OF THE NINETY-SECOND SERIES
Section 1. Exchange, Amendment and Restatement of Bonds of the Ninety-second Series. At such time as Prior First Mortgage Bonds of the Eighty-fourth Series in the principal amount of $50,000,000 issued under the Prior Supplemental Indenture not heretofore cancelled by the Trustee or delivered to the Trustee cancelled or for cancellation have been delivered to the Trustee by the registered holder thereof to be exchanged for new Bonds under this Article VIII (which shall be deemed to be the "Effective Date" of this Article VIII), such portion of the Prior First Mortgage Bonds of the Eighty-fourth Series shall be split from the remaining Prior First Mortgage Bonds of the Eighty-fourth Series, shall be amended and restated as set forth in this Article VIII, and shall be redesignated "First Mortgage Bonds, Floating Rate Series I due December 1, 2026" (hereinafter sometimes referred to as the "Bonds of the Ninety-second Series"). The Bonds of the Ninety-second Series shall be registered in the name of the Series 1986A NYSERDA Trustee, as trustee on behalf of the holders of the Series 1986A NYSERDA Bonds, pursuant to the Series 1986A NYSERDA Indenture. Following such redesignation and exchange, the permitted principal amount of the Bonds of the Ninety-second Series which may be amended and restated by the Company and executed by the Company in connection therewith and authenticated by the Trustee is limited so that at no time shall there be authenticated, delivered or outstanding under the Indenture, Bonds of the Ninety-second Series for a principal amount exceeding $50,000,000, except that Bonds of the Ninety-second Series may always be issued as provided in Section 2 of Article Fourth of the Indenture. On the Effective Date of this Article VIII, the Company shall execute and deliver to the Trustee and the Trustee, without awaiting the filing or recording of this Supplemental Indenture but upon receipt of evidence of due compliance by the Company with the applicable provisions of the Indenture, shall authenticate pursuant to Section 10 of Article Second of the Indenture, the Bonds of the Ninety-second Series in an aggregate principal amount not exceeding $50,000,000 and deliver the same to the Series 1986A NYSERDA Trustee, in exchange for certificates representing the same principal amount of the Prior First Mortgage Bonds delivered to the Trustee ...
Amendment and Restatement of the. Existing Credit Agreement, Loan Guaranty, US Security Agreement, Canadian Security Agreement and ABL Intercreditor Agreement; Release. The parties hereto agree that, on the Amendment No. 2 Effective Date:
(a) the Existing Credit Agreement is hereby amended and restated in its entirety to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: added double-underlined text) as set forth in the pages of the Amended and Restated Credit Agreement attached as Exhibit A hereto;
(b) the Exhibits to the Existing Credit Agreement are hereby amended and restated and replaced in their entirety by Exhibit B hereto;
(c) the Commitment Schedule is hereby amended and restated and replaced in its entirety by Schedule 1 hereto;
(d) the Loan Guaranty is hereby amended and restated and replaced in its entirety by Exhibit H to the Amended and Restated Credit Agreement (the “Amended and Restated Loan Guaranty”);
(e) the US Security Agreement is hereby amended and restated and replaced in its entirety by Exhibit I-1 to the Amended and Restated Credit Agreement (the “Amended and Restated US Security Agreement”);
(f) the Canadian Security Agreement is hereby amended and restated and replaced in its entirety by Exhibit I-2 to the Amended and Restated Credit Agreement (the “Amended and Restated Canadian Security Agreement”);
(g) the ABL Intercreditor Agreement is hereby amended and restated and replaced in its entirety by Exhibit L to the Amended and Restated Credit Agreement (the “Amended and Restated ABL Intercreditor Agreement”); and
Amendment and Restatement of the. First Amended Agreement - The undersigned, representing a Majority of the Members, hereby amends and restates the First Amended Agreement and enters into this Agreement.
Amendment and Restatement of the. First Paragraph of Section 4 ------------------------------------------------------------- of the Agreement. The first paragraph of Section 4 of the Agreement is hereby ----------------- amended and restated to read in its entirety as follows:
(a) Fees payable by Choice to Manor will be $394,200 (annualized) prorated through May 31, 1998, payable in equal monthly installments.
(b) Fees payable by Franchising to Manor will be $43,800 (annualized) prorated through May 31, 1998, payable in equal monthly installments.
Amendment and Restatement of the. EXISTING NOTE AGREEMENT Sections 2 through 10 of the Existing Note Agreement shall be and are hereby amended and restated in their entirety to read as follows:
Amendment and Restatement of the. EXISTING CREDIT AGREEMENT. Effective immediately after the exchange or prepayment of the Tranche B Term Loans pursuant to Sections 3(c) and (d) above, the Existing Credit Agreement is hereby amended and restated to read in its entirety as set forth in Exhibit A hereto. From and after the effectiveness of such amendment and restatement, (i) the terms "Agreement", "this Agreement", "herein", "hereinafter", "hereto", "hereof" and words of similar import, as used in the Restated Credit Agreement, shall, unless the context otherwise requires, refer to the Existing Credit Agreement as amended and restated in the form of the Restated Credit Agreement and (ii) the term "Credit Agreement", as used in the other Loan Documents, shall mean the Restated Credit Agreement.
