Amendment of Certain Provisions. Section 9.8 of the Agreement is hereby amended in its entirety to read as follows:
Amendment of Certain Provisions. Solely with respect to the Notes issued hereby, references to “25%” in Article Five of the Indenture are hereby deleted in their entirety and “33%” is substituted in lieu thereof.
Amendment of Certain Provisions. OF THE CREDIT AGREEMENT -----------------------
2.1 Amendment of Section 1.1
Amendment of Certain Provisions. OF THE CREDIT AGREEMENT -----------------------
2.1 Amendment of Section 4.3(b) of the Credit Agreement. Section --------------------------------------------------- 4.3(b) of the Credit Agreement is amended by deleting clause (i) therefrom in its entirety and substituting therefor the following clause:
(i) If the Borrower shall create or incur Indenture Indebtedness, 1996 Indenture Indebtedness or 1997 Indenture Indebtedness or, with the prior written consent of the Majority Banks, shall create, incur or assume Indebtedness pursuant to Sections 9.4(a)(v) or 9.4(a)(vii), the Borrower --------------------------------- shall pay to the Agent as a prepayment in whole or ratably in part of the outstanding amount of the Loans, an amount equal to the Net Cash Proceeds received by the Borrower from such Indebtedness as created, incurred or assumed (to the extent of the amount of the Loans then outstanding).
Amendment of Certain Provisions. OF ARTICLES 4, 5 AND 6 AND OTHER RELATED PROVISIONS OF THE ORIGINAL INDENTURE.
Amendment of Certain Provisions. Section 7.1. The second sentence of Section 7.1(b) of the Agreement shall be deleted in its entirety and replaced by the following: “From the date hereof through the earlier of (x) termination of this Agreement in accordance with this Agreement, and (y) forty-five (45) calendar days prior to the Outside Date, other than in connection with the transactions contemplated hereby, neither the Company, on the one hand, nor the Parent Parties, on the other hand, shall, and such Persons shall cause each of their respective officers, directors, Affiliates, managers, consultants, employees, representatives (including investment bankers, attorneys and accountants) and agents not to, directly or indirectly, (i) encourage, solicit, initiate, engage or participate in negotiations with any Person concerning, or make any offers or proposals related to, any Alternative Transaction, (ii) take any other action intended or designed to facilitate the efforts of any Person relating to a possible Alternative Transaction, (iii) enter into, engage in or continue any discussions or negotiations with respect to an Alternative Transaction with, or provide any non-public information, data or access to employees to, any Person that has made, or that is considering making, a proposal with respect to an Alternative Transaction or (iv) approve, recommend or enter into any Alternative Transaction or any Contract related to any Alternative Transaction. Notwithstanding anything to the contrary in the preceding sentence in this Section 7.1(b), during the foregoing the forty-five (45) calendar day period prior to the Outside Date and any extension period if the original Outside Date has been extended pursuant to Section 11.1(d)(i), neither the Company nor the Parent Parties may approve, recommend, enter into or consummate any Alternative Transaction or any Contract related to any Alternative Transaction.
Section 7.9. Section 7.9 shall be amended in its entirety to read as follows:
Amendment of Certain Provisions. (a) The Indenture is hereby amended to delete each of the following sections, or clauses of sections, in its entirety and, in the case of each such section or clause, insert in lieu thereof the phrase "[Intentionally Omitted]":
(1) Section 3.09. Offer to Purchase by Application of Excess Proceeds;
(2) Section 4.02. Maintenance of Office or Agency;
(3) Section 4.03. Reports;
(4) Section 4.04. Compliance Certificate;
(5) Section 4.05. Taxes;
(6) Section 4.06. Stay, Extension and Usury Laws;
(7) Section 4.07. Restricted Payments;
(8) Section 4.08. Dividend and Other Payment Restrictions Affecting Subsidiaries;
(9) Section 4.09. Incurrence of Indebtedness and Issuance of Preferred Stock;
(10) Section 4.10. Asset Sales;
(11) Section 4.11. Transactions with Affiliates;
(12) Section 4.12. Liens;
(13) Section 4.13. Business Activities;
(14) Section 4.14. Corporate Existence;
(15) Section 4.15. Offer to Repurchase upon Change of Control;
Amendment of Certain Provisions. (a) Section 10.1(h):
Section 10.1 (h) is amended in its entirety to read as follows: “Reserved.”
(b) Section 10.1(j):
Section 10.1 (j) is amended in its entirety to read as follows: “The Purchaser Ordinary Shares to be issued pursuant to this Agreement, including the Exchange Shares, shall have been approved for listing on the Nasdaq Capital Market, subject only to the official notice of issuance.”
(c) Section 12.1(c):
(d) Section 12.1(g):
Section 12.1 (g) is amended in its entirety to read as follows: “The Company may terminate this Agreement by giving notice to the Parent if the Parent Common Stock has become delisted from Nasdaq and either the Parent Common Stock is, or the Purchaser Ordinary Shares are, not relisted on the Nasdaq or the New York Stock Exchange on or prior to March 31, 2025 after such delisting.”
Amendment of Certain Provisions. (a) Article I (Definitions):
Amendment of Certain Provisions. (a) Section 12.1(c):
