Amendment of Existing Notes. The Existing Notes shall be and are hereby amended to be in the form of Exhibit A hereto.
Amendment of Existing Notes. The Existing Notes, as amended by Exhibit X-0, X-0 or A-3, as applicable, to this Amendment Agreement, shall be hereinafter referred to, individually, as a “Note” and, collectively, as the “Notes”. The Existing Notes are hereby, without any further action required on the part of any other Person, deemed to be automatically amended to conform to and have the terms provided in Exhibit X-0, X-0, or A-3, as applicable, to this Amendment Agreement (except that the principal amount, registration number and the payee of each Note shall remain unchanged). Any Note issued on or after the Effective Date shall be in the form of Exhibit X-0, X-0 or A-3, as applicable, to this Amendment Agreement. The term “
Amendment of Existing Notes. The Existing Notes are hereby amended as follows:
Amendment of Existing Notes. The Existing Notes, as amended by Exhibit A to this Amendment Agreement, shall be hereinafter referred to, individually, as a “Note” and, collectively, as the “Notes”. The Existing Notes are hereby, without any further action required on the part of any other Person, deemed to be automatically amended to conform to and have the terms provided in Exhibit A to this Amendment Agreement (except that the principal amount, registration number and the payee of each Note shall remain unchanged). Any Note issued on or after the Effective Date shall be in the form of Exhibit A to this Amendment Agreement. The term “Notes” as used in the Existing Note Purchase Agreement shall include each Note delivered pursuant to any provision of the Existing Note Purchase Agreement, as amended hereby (and as hereafter amended) and each Note delivered in substitution or exchange for any such Note pursuant to any such provision.
Amendment of Existing Notes. (a) Each of the Company and each Existing Holder agrees that Section 4.1(a) of each of the Existing Notes is hereby amended by adding the following paragraph at the end of such Section 4.1(a): "With the prior written consent of the Majority Noteholders, the Holder may convert all or a portion of this Note at any time."
Amendment of Existing Notes. All Notes (including any Initial Notes, any PIK Notes and any Additional Notes) issued and outstanding as of the Effective Date are hereby amended in part as follows: (i) The following sentence that appears on the first page following the legend of all Notes (including any Initial Notes, any PIK Notes and any Additional Notes) is hereby deleted: “This Note shall bear interest at the rate (the “Interest Rate”) of 5.50% per year from February 9, 2021, or from the most recent date to which interest had been paid or provided for to, but excluding, the next scheduled Interest Payment Date until the Maturity Date; provided that, in the event the Company duly makes an election under Section 2.03(c)(i) and timely delivers a notice to the Representative and the Holders prior to the beginning of the related Interest Period to make a Cash Interest payment, the Interest Rate in respect of such Interest Period shall be 5.00%.” The foregoing deleted sentence is hereby replaced with the following text: “This Note shall bear interest at the rate (the “Interest Rate”) of (i) 5.50% per year from February 9, 2021, to June 8, 2023 or (ii) 8.50% from June 9, 2023, or from the most recent date following June 9, 2023 to which interest had been paid or provided for to, but excluding, the next scheduled Interest Payment Date until the Maturity Date; provided that, in the event the Company duly makes an election under Section 2.03(c)(i) and timely delivers a notice to the Representative and the Holders prior to the beginning of the related Interest Period to make a Cash Interest payment, the Interest Rate in respect of such Interest Period shall be (i) 5.00% for any Interest Period, or portion thereof, that ends on or prior to June 8, 2023 and (ii) 8.00% for any Interest Period, or portion thereof, that begins on or after June 9, 2023.” (ii) Any references in all Notes (including any Initial Notes, any PIK Notes and any Additional Notes) to “Convertible Senior Note due 2024” are hereby deleted and replaced with the following: “Convertible Senior Note due 2026”. (iii) Any references in all Notes (including any Initial Notes, any PIK Notes and any Additional Notes) to “Cyxtera Cybersecurity, Inc. d/b/a Appgate” are hereby deleted and replaced with the following: “Appgate Cybersecurity, Inc.”. (iv) The following sentence that appears on the first page on the reverse of all Notes (including any Initial Notes, any PIK Notes and any Additional Notes) is hereby deleted: “This Note is one ...
Amendment of Existing Notes. The forms of the respective Existing Notes are hereby amended in their entirety to conform to the form of 6.43% Senior Note Due April 15, 2003 attached hereto as EXHIBIT A. On the Effective Date, each of the terms of each outstanding Existing Note shall be deemed to be amended to conform with such form, without any further action on the part of the Company or any holder of any Existing Note. Upon surrender of any outstanding Existing Note, the Company shall deliver to the registered holder thereof an Amended Note in the form attached hereto as Exhibit A, dated the date of the last interest payment on such surrendered Existing Note and in the outstanding principal amount of such Existing Note, all in accordance with the provisions of Section 13.2 of the Amended Note Agreement.
Amendment of Existing Notes. The existing Notes shall be amended, such amendments to be effected by Allonges (the "Allonges"), to be attached to the existing Notes and to be substantially in the form of Exhibits X-0, X-0 and A-3 attached hereto and made a part hereof.
Amendment of Existing Notes. The Existing Notes are hereby automatically, and without any further action, deemed amended and restated in their entirety to conform to the form of Note attached as Exhibit B (and the form of Existing Note attached to the Existing Note Purchase Agreement as Exhibit 1.3 is hereby amended and restated in its entirety to conform to the form of Note attached as Exhibit B); except that the principal amount, registration number and payee set forth in each Existing Note shall remain the same. If requested by any Noteholder, the Company shall execute and deliver a new Note or Notes in the form of such Exhibit B in exchange for such Noteholder's Existing Notes, registered in the name of such Noteholder, in the aggregate principal amount of the Existing Notes owing to such Noteholder on the date hereof and dated the date of the last interest payment made to such Noteholder in respect of its Existing Notes.
Amendment of Existing Notes
