AMENDMENT OF ORIGINAL NOTES Sample Clauses

AMENDMENT OF ORIGINAL NOTES. The forms of the respective Original Notes are hereby amended in their entirety to conform to the form of First Amended and Restated 9.12% Senior Note Due November 1, 2001 attached to this Fourth Amendment as Attachment 1. On the effective date of this Fourth Amendment, each of the terms of each outstanding Original 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 Original Note (including, without limitation, any requirement that any holder surrender its outstanding Original Notes to the Company). Upon surrender of any outstanding Original Note, the Company shall deliver to the registered holder thereof a First Amended and Restated Note in the form attached hereto as Attachment 1, dated the date of the last interest payment on such surrendered Original Note and in an aggregate principal amount equal to the unpaid principal amount of such surrendered Original Note, all in accordance with the provisions of Section 5.2 of the Agreement. Without limitation of the foregoing, the amendment and restatement of the Original Notes provided for herein, including, without limitation, the increase in the interest rate applicable to the Notes, shall be effective with respect to any and all of the Notes irrespective of whether any such Notes are surrendered to the Company for reissuance in the form attached to this Fourth Amendment as Attachment 1.
Sample 1
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Related to AMENDMENT OF ORIGINAL NOTES

  • Ratification of Original Indenture The Original Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Original Indenture in the manner and to the extent herein and therein provided. For the avoidance of doubt, each of the Company and each Holder of the Notes, by its acceptance of such Notes, acknowledges and agrees that all of the rights, privileges, protections, immunities and benefits afforded to the Trustee and the Paying Agent under the Original Indenture are deemed to be incorporated herein, and shall be enforceable by the Trustee and the Paying Agent hereunder, as if set forth herein in full. U.S. Bank National Association hereby accepts the trusts in this Supplemental Indenture declared and provided, upon the terms and conditions herein above set forth.

  • Amendment of Notes Subject to Section 3 hereof, any of the terms or provisions present in the Notes that relate to any of the provisions of the Indenture as amended by this Supplemental Indenture shall also be amended, mutatis mutandis, so as to be consistent with the amendments made by this Supplemental Indenture.

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

  • Ratification and Incorporation of Original Indenture As supplemented hereby, the Original Indenture is in all respects ratified and confirmed, and the Original Indenture and this Supplemental Indenture shall be read, taken and construed as one and the same instrument.

  • Termination of Original Agreement Each Party agrees that the Original Agreement is hereby terminated as of the Effective Date and shall be of no further force or effect and, for the avoidance of doubt, no provisions of the Original Agreement survive such termination.

  • Amendments to Note Purchase Agreement Subject to the satisfaction of the conditions precedent set forth herein and in reliance on the representations, warranties and covenants of the Companies set forth herein and in the Note Purchase Agreement, each party hereto hereby agrees that the Note Purchase Agreement be and hereby is, amended as follows:

  • Credit Agreement and Notes This Agreement and the Notes executed by each party thereto;

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Loan Agreement is hereby amended as follows:

  • Execution of Agreement; Notes On or prior to the Initial Borrowing Date, (i) the Effective Date shall have occurred and (ii) there shall have been delivered to the Administrative Agent for the account of each Bank which has requested same the appropriate Term Note and Revolving Note, in each case executed by the Borrower and in the amount, maturity and as otherwise provided herein.

  • Amendment of Loan Documents Grantor authorizes Bank, without notice or demand and without affecting its liability hereunder, from time to time to (a) renew, extend, or (with the approval of Borrower) otherwise change the terms of any Loan Document, or any part thereof; (b) take and hold security for the payment of any Loan Document, and exchange, enforce, waive and release any such security; and (c) apply such security and direct the order or manner of sale thereof as Bank in its sole discretion may determine.

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