Amendment of Note Purchase Agreement. The Note Purchase Agreement is hereby amended to provide that concurrently with the execution of this Agreement, Purchaser shall have the right under the Section 1(b) thereof to make the Additional Advance and acquire an Additional Note up to an aggregate principal amount of approximately $1,088,000.00, on the terms set forth in Section 1 of the Note Purchase Agreement, subject to the terms of this Agreement.
Amendment of Note Purchase Agreement. The Debtor will not amend, modify or supplement the Note Purchase Agreement or any other Transaction Document to which it is a party without the prior written consent of the Collateral Agent to the substance and form of any such amendment, modification or supplement and will not take any other action under this Agreement, the Note Purchase Agreement or any other Transaction Document to which it is a party that would have a material adverse effect on the Collateral Agent, the Company or any Bank Investor or which is inconsistent with the terms of this Agreement.
Amendment of Note Purchase Agreement. 1.1. Amendment to Section 7.1.
Section 7.1 is amended as follows:
(a) Subsection (f) is amended by deleting the word “and” following the semicolon.
(b) Subsection (g) is amended by deleting the period from the end of the subsection and replacing it with “; and”.
(c) A new subsection (h) is added to the Note Purchase Agreement to read in its entirety as follows:
(h) Ratings Information — promptly, and in any event within thirty (30) days of receipt thereof, copies of the then-current rating for such calendar year obtained pursuant to Section 9.9.”
Amendment of Note Purchase Agreement. The definition of “Consolidated Tangible Net Worth” in the Glossary to the Note Purchase Agreement is amended by adding the following subsection (i):
(i) plus any consolidated accumulated other comprehensive loss or minus any consolidated accumulated other comprehensive earnings (in each case to the extent that such loss or earnings result from the application of FASB Statement No. 158 and as determined for the Company and its consolidated Subsidiaries in accordance with generally accepted accounting principles).
Amendment of Note Purchase Agreement. The Loan Parties shall have caused the Note Purchase Agreement to have been amended upon terms and conditions and subject to provisions satisfactory to the Agent and shall have delivered an executed copy of such amendment and all ancillary documents to the Agent.
Amendment of Note Purchase Agreement. Metropolitan Life -------------------------------------------- Insurance Company shall have: (a) agreed to amend its Note Purchase Agreement on terms which mirror or are no more restrictive than the Credit Agreement, as amended and (b) waived any default thereunder until the date of such amendment. Such amendment shall be in full force and effect no later than November 2, 1998.
Amendment of Note Purchase Agreement. Section 1.01 of the Note Purchase Agreement is hereby amended by deleting the definition of "Class A Maximum Principal Balance" therein and replacing it with the following:
Amendment of Note Purchase Agreement. Subject to the satisfaction or waiver in writing by Aegis of each condition precedent set forth in Section 4 of this First Amendment Agreement, the Note Purchase Agreement shall, effective as of the Effective Date, be amended in the manner provided in this Section 1.
(a) The definition of “Obligations” in Section 1(b) of Section 1(b) of the Note Purchase Agreement is amended and restated in its entirety as follows:
Amendment of Note Purchase Agreement. Effective as of the First Amendment Effective Date (as defined below):
(a) The Note Purchase Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the underlined text (indicated textually in the same manner as the following example: underlined text) as set forth in the conformed copy of the Note Purchase Agreement attached as Exhibit A hereto (the “Amended Note Purchase Agreement”).
(b) Schedule 1 hereto is hereby added as Schedule 5.2(e) to the Amended Note Purchase Agreement.
Amendment of Note Purchase Agreement. Within thirty (30) days of the Closing Date, furnish to the Agent a certified copy of an amendment to the Note Purchase and Private Shelf Agreement, which amendment shall be in form and substance satisfactory to the Agent and the Required Lenders and which amendment shall modify the covenants therein such that such covenants shall be consistent with the covenants contained herein.
