Amendment of Facility Agreement Sample Clauses

Amendment of Facility Agreement. With effect from the date upon which the Agent confirms to the other Finance Parties and the Company that it has received each of the documents listed in Schedule 1 (Conditions Precedent) (or waived receipt of, as the case may be) in a form and substance satisfactory to the Agent (such date the “Effective Date”), the Facility Agreement shall be amended and apply as between the parties thereto so that it shall be read and construed for all purposes as set out in Schedule 2 (Amended and Restated Facility Agreement) (the “Amended and Restated Facility Agreement”).
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Amendment of Facility Agreement. A. Notwithstanding anything contained in Section 2.3 of the Facility Agreement to the contrary, $10,000,000 in principal amount of the Tranche 4 Notes (“Tranche 4 Notes Principal Payment”) due and payable on July 18, 2017 shall be deferred to and due and payable on August 31, 2017, subject to further deferral as set forth below. Upon not less than three (3) days’ prior written notice by the Borrower to the Purchasers and the delivery on August 31, 2017 of written certification by the Borrower to the Purchasers that the Extension Conditions (as defined below) have been satisfied as of the date of such certification, the Borrower may elect to defer the Tranche 4 Principal Payment from August 31, 2017 to October 31, 2017; provided, that as of August 31, 2017 the Extension Conditions have been satisfied. The “Extension Conditions” shall mean that (a) at all times after the date of this Agreement to and including the date of the notice, certification or other applicable date, (a) (i) no Event of Default has occurred and is continuing, (ii) Xxxxxxx Xxxxxxxx has continued to be the Chief Executive Officer of the Borrower and neither the Company nor Xx. Xxxxxxxx has given any notice of any intention to terminate Xx. Xxxxxxxx’x service as Chief Executive Officer of the Company, (iii) no Material Adverse Effect shall have occurred and be continuing, (iv) the Borrower has not breached any of its representations, warranties, covenants or agreements contained in this Agreement, and (v) the engagement letter, dated June 1, 2017, between the Borrower and Xxxxxxxxx & Co. (“Greenhill”), has remained in full force and effect, neither Greenhill nor the Borrower has given any notice of its intention to terminate such engagement letter, and Xxxxxxxxx has remained actively engaged in exploring capital structure and financial alternatives on behalf of the Borrower in accordance with such engagement letter, (b) after June 27, 2017, the Borrower has received not less than $19,428,393 in cash provided in respect of additional Xxxx Debt from The Xxxx Group LLC (the “Xxxx Group”), and (c) and the Borrower’s Cash and Cash Equivalents were not less than $10,000,000 as of the date of the certification. Until paid, the Tranche 4 Notes Principal Payment shall bear interest as provided in the Facility Agreement.
Sample 1
Amendment of Facility Agreement. Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof), the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment or the Notes (or in any Conversion Notices (as defined in the Notes)), after giving effect to the Exchange (as defined below) and subject to the conversion thereof and the terms and conditions set forth herein, the remaining $3,000,000 July 2018 Tranche 4 Principal Payment shall be deferred to and shall be due and payable on, August 31, 2018 (subject to any acceleration thereof pursuant to the terms of the Facility Agreement) in accordance with the Facility Agreement unless satisfied through conversion of Notes in accordance with the Facility Agreement and the Notes. From and after the date hereof, any conversion of principal under the Notes shall be applied to reduce principal payments due under the Notes as set forth on Schedule 1.01, in each case, until the earlier of (A) the time the applicable amount of such principal payment (as set forth in the third column of Schedule 1.01) has been satisfied in full through conversions thereof and (B) 5:00 p.m. (New York City time) on the Trading Day immediately preceding the date such principal payment is due and payable
Sample 1
Amendment of Facility Agreement. Effective as of the Effective Date (as hereinafter defined), the Facility Agreement is hereby amended as follows: (a) Section 5.12(b) of the Facility Agreement is hereby amended and restated in its entirety as follows: (b) The Borrower shall provide, free from preemptive rights, out of the Borrower’s authorized but unissued shares or shares held in treasury, sufficient shares of Common Stock to provide for conversion of the Convertible Notes held by the Lenders from time to time as such Convertible Notes are presented for conversion (assuming that at the time of computation of such number of shares of Common Stock, all such Convertible Notes would be converted by Lenders into Conversion Shares without regard to any limitation on conversion) and cause all shares of Common Stock issued upon conversion of the Convertible Notes held by the Lenders to be fully paid and free from all taxes, liens and charges with respect to the issue thereof. The Conversion Shares may, at the option of the applicable Lender (in its sole discretion), be issued without registration thereof under the Securities Act.”
Sample 1
Amendment of Facility Agreement. (a) Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof) or the Notes, after giving effect to the Exchange (as defined below) and subject to the consummation thereof, the $1,250,000 in remaining principal amount of the Tranche 4 Notes (the “Remaining October 2017 Tranche 4 Principal Payment”) that, prior to the Fourth Amendment, was due and payable on October 31, 2017 and was deferred by the Fourth Amendment and the Fifth Amendment to January 19, 2018, shall be further deferred to, and shall be due and payable on, May 6, 2018. (b) Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof), the Fourth Amendment, the Fifth Amendment or the Notes (or in any Conversion Notices (as defined in the Notes)): (i) (A) from and after the date hereof until the earlier of (1) the time the Remaining October 2017 Tranche 4 Principal Payment has been satisfied in full (i.e., reduced to zero by conversions of the Notes) and (2) 5:00 p.m. (New York City time) on the Trading Day immediately preceding the date the Remaining October 2017 Tranche 4 Principal Payment is due and payable (such earlier time, the “October 2017 Principal Application Time”), any conversion of principal under the Notes shall be applied to reduce the Remaining October 2017 Tranche 4 Principal Payment; and (B) to the extent the Remaining October 2017 Tranche 4 Principal Payment has not been satisfied in full through conversions of the Notes on or prior to 5:00 p.m. (New York City time) on the Trading Day immediately preceding the date the Remaining October 2017 Tranche 4 Principal Payment is due and payable, the Borrower shall pay the remaining amount of the Remaining October 2017 Tranche 4 Principal Payment, in cash, in accordance with the Facility Agreement; (ii) following the October 2017 Principal Application Time, any conversion of principal under the Notes shall be applied to reduce principal payments due under the Notes as set forth on Schedule 1.01(b), in each case, until the earlier of (A) the time the applicable amount of such principal payment (as set forth in the third column of Schedule 1.10(b)) has been satisfied in full through conversions thereof and (B) 5:00 p.m. (New York City time) on the Trading Day immediately preceding the date such principal payment is due and payable; and (iii) each of the Purchasers and the Borrower acknowledges and agrees that, following the date hereof, to ...
Sample 1
Amendment of Facility Agreement. With effect from the date falling two Business Days (or such earlier date as may be agreed by the Agent, acting in its sole discretion) from the date upon which the Agent confirms to the other Finance Parties and the Company that it has received each of the documents listed in Schedule 1 (Conditions Precedent) (or waived receipt of, as the case may be) in a form and substance satisfactory to the Agent (such date the “Effective Date”), the Facility Agreement shall be amended and apply as between the parties thereto so that it shall be read and construed for all purposes as set out in Schedule 2 (Amended and Restated Facility Agreement) (the “Amended and Restated Facility Agreement”).
Sample 1
Amendment of Facility Agreement 
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Related to Amendment of Facility Agreement

  • 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:

  • 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 Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendment and Restatement of the Existing Credit Agreement The parties to this Agreement agree that, upon (i) the execution and delivery by each of the parties hereto of this Agreement and (ii) satisfaction of the conditions set forth in Section 3.01, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation. All loans made and obligations incurred under the Existing Credit Agreement which are outstanding on the Effective Date shall continue as Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness hereof: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Agent”, the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Agent, this Agreement and the Loan Documents, (b) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Effective Date shall continue as Obligations under this Agreement and the other Loan Documents, (c) the Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit and loan exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s outstanding Revolving Credit Advances hereunder reflect such Lender’s Pro Rata Share of the outstanding aggregate Revolving Credit Advances on the Effective Date, (d) the Existing Revolving Credit Advances (as defined in Section 2.01) of each Departing Lender shall be repaid in full (accompanied by any accrued and unpaid interest and fees thereon), each Departing Lender’s “Commitment” under the Existing Credit Agreement shall be terminated and each Departing Lender shall not be a Lender hereunder, and (e) the Borrower hereby agrees to compensate each Lender (including each Departing Lender) for any and all losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurodollar Rate Advances (including the “Eurodollar Rate Advances” under the Existing Credit Agreement) and such reallocation described above, in each case on the terms and in the manner set forth in Section 8.04(c) hereof.

  • 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 to Credit Agreement The Credit Agreement is hereby amended by amending and restating Section 4.14 thereof to read in its entirety as follows:

  • Amendment of the Existing Credit Agreement In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree that, subject to the satisfaction of the conditions precedent set forth in clause 3.1, the Existing Credit Agreement shall, with effect on and from the Amendment Effective Date, be (and it is hereby) amended in accordance with the amendments set out in Schedule 3 and (as so amended) will continue to be binding upon each of the Borrower and the Finance Parties in accordance with its terms as so amended.

  • Amendment of Agreement This Agreement may be amended only by written agreement of the Adviser and the Sub-Adviser and only in accordance with the provisions of the 1940 Act and the rules and regulations promulgated thereunder.

  • Amendment to Security Agreement The Security Agreement is hereby amended by deleting the definition of “Obligations” in Section 1 thereof and replacing it with the following:

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of December 14, 2005 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

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