Amendment and Waiver to Credit Agreement Sample Clauses

Amendment and Waiver to Credit Agreement. The Administrative Agent shall have received counterparts of this Amendment and Waiver, duly executed and delivered by Holdings, the Borrower and the Administrative Agent, and the Administrative Agent shall have received Lender Consent Letters (in the form attached hereto) of each Lender with a Replacement Tranche B Term Loan Commitment and the Existing Lenders constituting the “Required Lenders” under the Credit Agreement.
Sample 1
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Amendment and Waiver to Credit Agreement. This First Amendment and Waiver to Credit Agreement (herein, the "Amendment") is entered into as of October 31, 2003, by and among Plexus Corp., a Wisconsin corporation (the "Borrower"), the Subsidiaries listed on the signature pages hereof, as Guarantors, the several financial institutions listed on the signature pages hereof, as Lenders, and Harris Trust and Savings Bank, as Administrative Agent for the Lenxxxx.
Sample 1
Amendment and Waiver to Credit Agreement. This Second Amendment and Waiver to Credit Agreement (this “Second Amendment”) dated as of September 15, 2021, is among Xxxxxxx Oil and Gas Corporation, a Delaware corporation (the “Borrower”); Xxxxxxx Petroleum Corporation, a Delaware corporation (the “Parent Guarantor”); JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”); and the Lenders signatory hereto. ​
Sample 1
Amendment and Waiver to Credit Agreement. 1. Effective as of the Amendment Effective Date, the Banks hereby waive compliance by the Borrower with the requirements of Section 5.01(i) of the Credit Agreement solely as a result of the existence of the Specified Events of Default and solely in connection with the consummation of the Specified Borrowing; provided, that (x) the aggregate amount of Loans incurred by the Borrower pursuant to the Specified Borrowing shall not exceed $1,000,000, (y) other than the Specified Events of Default, at the time of the Specified Borrowing, there shall not exist and be continuing any other Default or Event of Default and (z) at the time of the Specified Borrowing, the Borrower shall have satisfied all of the other conditions precedent set forth in Section 5 of the Credit Agreement (it being understood and agreed by the parties hereto that (x) the waiver contained in this Section 1 shall apply to the Specified Borrowing only and shall not constitute a waiver of any conditions precedent applicable to the incurrence of Loans pursuant to the Credit Agreement (other than as expressly provided in this Section 1 in connection with the Specified Borrowing) or create a course of dealing or otherwise obligate the Banks to execute similar agreements under the same or similar circumstances in the future or constitute an agreement by the Banks to extend Loans to the Borrower in a manner other than as expressly provided in the Credit Agreement and (y) at least two (2) weeks prior to each anticipated incurrence of Loans under the Credit Agreement, the Borrower shall have provided to the Administrative Agent a detailed statement of cash flow projections for the twelve-month period commencing on the date of the relevant anticipated Borrowing of such Loans, which statement shall set forth comparative figures for the corresponding period for the prior year and be certified by the chief financial officer or controller of the Borrower (it being also understood and agreed by the parties hereto that the delivery of such cash flow projections shall not obligate the Banks to extend Loans pursuant to the Credit Agreement and that prior to the incurrence of Loans pursuant to the Credit Agreement (and the obligation of the Banks to extend Loans to the Borrower pursuant to the Credit Agreement), the Borrower shall be required to satisfy all of the conditions precedent to said Borrowing set forth in Section 5 of the Credit Agreement)). 2. Section 7.01 of the Credit Agreement is hereby amended by...
Sample 1

Related to Amendment and Waiver to Credit Agreement

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:

  • Amendment of Loan Agreement The Loan Agreement is hereby modified and amended as follows:

  • Amendment to the Credit Agreement Effective as of the date of satisfaction of the conditions precedent set forth in Section 2 below (the “Amendment No. 1 Effective Date”), the parties hereto agree that the Credit Agreement is hereby amended as follows:

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B.

  • Amendment of the Credit Agreement Effective as of the Amendment Effective Date, the Credit Agreement is hereby amended as follows: (a) The following definitions are added in the appropriate alphabetical order to Section 1.01 of the Credit Agreement:

  • Amendments to Credit Agreement (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

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