Amendment and Waiver to the Credit Agreement Sample Clauses

Amendment and Waiver to the Credit Agreement. The Fifth Amendment and Waiver to the Amended and Restated Credit Agreement, dated as of October 2, 2003, among the Company, the lenders party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent, shall have been duly executed by the parties thereto, shall be reasonably satisfactory to you and shall constitute the legal, valid and binding obligation of each of such parties, enforceable against each of such parties in accordance with its terms.
Sample 1
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Amendment and Waiver to the Credit Agreement. Effective as of the Amendment Effective Date (as defined below) and subject to the satisfaction of the conditions precedent set forth in Section 2: (a) the Lenders hereby for all purposes of the Loan Documents: (i) waive any failure to satisfy any condition under Section 3.02 of the Credit Agreement solely to the extent such failure was or is due to any Prior Financial Statement not presenting fairly the financial condition or results of operations of CBI and its Subsidiaries (including BRCOM and its Subsidiaries) or not having been prepared in accordance with GAAP, in each case solely by reason of the failure of the Prior Financial Statements to include the Accounting Adjustments, (ii) waive any Event of Default pursuant to Section 7.01(b) of the Credit Agreement with respect to any breach of any representation or warranty set forth in Section 4.01(g) or (j) or made or deemed made in connection with the delivery of any certificate or financial statement under Section 5.03 solely to the extent such breach was or is due to any Prior Financial Statement not presenting fairly the financial condition or results of operations of CBI and its Subsidiaries (including BRCOM and its Subsidiaries) or not having been prepared in accordance with GAAP, in each case solely by reason of the failure of the Prior Financial Statements to include the Accounting Adjustments, (iii) waive any Event of Default pursuant to Section 7.01(e) of the Credit Agreement with respect to (A) any default or event of default under the Junior Notes Indenture solely to the extent arising in connection with the failure of the Prior Financial Statements to include the Accounting Adjustments, or in connection with any default or event of default in respect of any other Debt due to such failure, to the extent that the requisite holders of the Junior Notes waive such default or event of default under the Junior Notes Indenture on or before the Amendment Effective Date and (B) any default or event of default under any other Debt of CBI or any of its Subsidiaries, arising in connection with the failure of the Prior Financial Statements to include the Accounting Adjustments, or in connection with any default or event of default in respect of any other Debt due to such failure, to the extent such default or event of default is waived or cured effective upon the effectiveness of this Amendment, and (iv) waive any Event of Default pursuant to Section 7.01(o) of the Credit Agreement with respect to any eve...
Sample 1
Amendment and Waiver to the Credit Agreement 
Sample 1

Related to Amendment and Waiver to the Credit Agreement

  • 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 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 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:

  • 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.

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

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

  • 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 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:

  • Modification, Amendment and Waiver The authority of the Trustees hereunder to authorize the Trust to enter into contracts or other agreements or arrangements shall include the authority of the Trustees to modify, amend, waive any provision of supplement, assign all or a portion of, novate, or terminate such contracts, agreements or arrangements. The enumeration of any specific contracts in this Section 5.12 shall in no way be deemed to limit the power and authority of the Trustees as otherwise set forth in this Declaration of Trust to authorize the Fund to engage, contract with or make payments to such Persons as the Trustees may deem desirable for the transaction of the business of the Fund.

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

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