Amendment of Definition of Clause Samples
Amendment of Definition of. “Total Liquidity”. The definition of “Total Liquidity” in Section 1.01 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Amendment of Definition of. “Scheduled Maturity Date”. The definition of “Scheduled Maturity Date” in Section 1.01 of the Note Purchase Agreement is hereby amended by deleting the date “February 27, 2009” and substituting “April 28, 2009” in lieu thereof.
Amendment of Definition of. “Term Loan”. The definition of “Term Loan” in Section 1.01 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Amendment of Definition of. “Distribution Date”. The definition of “Distribution Date” in Section 3(a) of the Rights Agreement is hereby amended and supplemented by adding the following proviso immediately after the words “the earlier of (i) and (ii) being herein referred to as the “Distribution Date” in the fourth parenthetical in Section 3(a): “Notwithstanding anything in this Rights Agreement to the contrary, a Distribution Date shall not be deemed to have occurred solely as the result, directly or indirectly, of (i) the approval, execution, delivery or performance of the Merger Agreement, (ii) the consummation of the Merger or any other transaction contemplated by the Merger Agreement or (iii) the public announcement of any of the foregoing.”
Amendment of Definition of. “End Date” in Agreement.
Amendment of Definition of. “Shares Acquisition Date”. The definition of “Shares Acquisition Date” in Section 1(gg) of the Rights Agreement is supplemented and amended by inserting the following sentence after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, a Shares Acquisition Date shall not be deemed to have occurred as a result of the public announcement, approval, execution, delivery or performance of the Merger Agreement or the Voting Agreements or the consummation of the Merger or any of the other transactions contemplated by the Merger Agreement.”
Amendment of Definition of. “Stock Acquisition Date”. The definition of “Stock Acquisition Date” in Section 1(hh) of the Rights Agreement is supplemented and amended by inserting the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, a Stock Acquisition Date shall not be deemed to have occurred as a result of the public announcement, approval, execution, delivery or performance of (i) the Merger Agreement, (ii) the consummation of the Offer, (iii) the consummation of the Merger or (iv) any of the other transactions contemplated by the Merger Agreement (including, without limitation, execution and delivery of the Tender Agreement).”
Amendment of Definition of. “Flip-in Date”. The definition of “Flip-in Date” in Section 1.1 of the Rights Agreement is amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Rights Agreement to the contrary, a Flip-in Date shall not be deemed to have occurred solely as the result of (i) the execution of the Plan or the NYCB Stock Option Agreement, (ii) the consummation of the Merger, or (iii) the consummation of any other transaction contemplated in the Plan or the NYCB Stock Option Agreement.”
Amendment of Definition of. FLIP-IN DATE" IN SECTION 1.1. The definition of "Flip-In Date" in Section 1.1 of the Rights Agreement is amended by adding the following sentence at the end thereof: "Notwithstanding the foregoing or anything in this Rights Agreement to the contrary, a Flip-In Date shall not be deemed to have occurred by virtue of the Merger Agreement or by virtue of any of the transactions contemplated by the execution and delivery of the Merger Agreement."
Amendment of Definition of. ADVANCES". Effective as of the date of this Amendment, the definition of "Advances" set forth in Appendix A to the Loan Agreement shall be amended and restated as follows: ADVANCES shall mean, individually and/or collectively, (a) a borrowing under the Revolving Facility, (b) a borrowing under the Enterprise Facility, (c) a borrowing under the Overadvance Facility, and (d) the borrowing under the Bridge Facility. Any amounts paid by Agent or any Lender on behalf of Borrower or any Guarantor under any Loan Document shall be an Advance for purposes of the Agreement.