Amendment of Preamble. As a result of the transfer referred to in Section 1 above, the preamble of the Merger Agreement hereby is amended to read in its entirety as follows: “THIS AGREEMENT AND PLAN OF MERGER, dated as of June 11, 2019 (this “Agreement”), is made by and among TheMaven, Inc., a Delaware corporation (“Parent”), TST Acquisition Co., Inc., a Delaware corporation and an indirect wholly owned Subsidiary of Parent (“Merger Sub”), and TheStreet, Inc., a Delaware corporation (the “Company”).”
Amendment of Preamble. The second paragraph of the preamble to the Equity Distribution Agreement is replaced in its entirety with the following: The Company has prepared and filed with the Commission under the Securities Act of 1933, as amended (the “Securities Act”), the rules and regulations of the Commission thereunder (the “Securities Act Regulations”) and the Investment Company Act of 1940, as amended, and the rules and regulations thereunder (collectively, the “1940 Act”) a registration statement on Form N-2 (File Nos. 333-234420 and 811-23299), relating to the Shares. The registration statement as amended, including the exhibits and schedules thereto, at the time it became effective, including the information, if any, deemed to be part of the registration statement at the time of its effectiveness pursuant to Rule 430B of the Securities Act Regulations and all documents incorporated or deemed to be incorporated therein by reference is hereinafter referred to as the “Registration Statement.” The base prospectus included in the Registration Statement (including the information if any, deemed to be part of the Registration Statement at the time of effectiveness pursuant to Rule 430B under the Securities Act Regulations), in the form in which it was distributed, is hereinafter referred to as the “Base Prospectus.” The prospectus supplement to be filed with the Commission pursuant to Rule 424 of the Securities Act Regulations and all documents incorporated or deemed to be incorporated therein by reference and to be used to confirm sales is hereinafter referred to, together with the Base Prospectus, as the “Prospectus.” If the Company has filed an abbreviated registration statement pursuant to Rule 462(b) of the Securities Act Regulations (a “Rule 462(b) Registration Statement”), then any reference herein to the term “Registration Statement” shall be deemed to include such Rule 462(b) Registration Statement.
Amendment of Preamble. The preamble to the Option Agreements is hereby --------------------- amended by:
Amendment of Preamble. Effective as of the date hereof, the preamble of the Credit Agreement is hereby amended and restated to read as follows: “This Amended and Restated Credit Agreement, dated as of February 25, 2004, is among Newpark Resources, Inc., a Delaware corporation, as the Company and as a Borrower, Bxxxxx Mill, L.P., a Texas limited partnership, Dura-base Nevada, Inc., a Nevada corporation, Excalibar Minerals Inc., a Texas corporation, Excalibar Minerals of LA., L.L.C., a Louisiana limited liability company, NES Permian Basin, L.P., a Texas limited partnership, Newpark Drilling Fluids, LLC, a Texas limited Third Amendment to Amended and Restated Credit Agreement liability company, Newpark Environmental Services, L.L.C., a Louisiana limited liability company, Newpark Environmental Management Company, L.L.C., a Louisiana limited liability company, Newpark Environmental Services of Texas, L.P., a Texas limited partnership, Newpark Holdings, Inc., a Louisiana corporation, Newpark Texas, L.L.C., a Louisiana limited liability company, NID, L.P., a Texas limited partnership, Newpark Drilling Fluids Laboratory, Inc., a Texas corporation, SOLOCO, L.L.C., a Louisiana limited liability company, SOLOCO Texas, L.P., a Texas limited partnership, Supreme Contractors, L.L.C., a Louisiana limited liability company, Composite Mat Solutions L.L.C., a Louisiana limited liability company, Newpark Environmental Water Solutions LLC, a Delaware limited liability company, Newpark Water Technology Partners LLC, a Delaware limited liability company, OLS Consulting Services, Inc., a Louisiana corporation and The Loma Company, L.L.C., a Louisiana limited liability company, each as a Borrower, the other Loan Parties, the Lenders, and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, N.A. (Main Office Chicago)), as an LC Issuer and as the Agent.”
Amendment of Preamble. The first sentence of the first paragraph of the preamble to the Equity Distribution Agreement is replaced in its entirety with the following: OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), confirm their respective agreements (this “Agreement”) with and the appointment of Ladenburg Xxxxxxxx & Co. Inc. to act as placement agent (the “Placement Agent”) in connection with the proposed issuance and sale of shares of common stock, par value $0.001 per share (the “Common Stock”), of the Company (the “Shares”) from time to time during the term of this Agreement having an aggregate offering price of up to $50,000,000 (the “Maximum Amount”).
Amendment of Preamble. The first sentence of the first paragraph of the preamble to the Equity Distribution Agreement is replaced in its entirety with the following: OFS Credit Company, Inc., a Delaware corporation (the “Company”), OFS Capital Management, LLC, a Delaware limited liability company (the “Advisor”), and OFS Capital Services, LLC, a Delaware limited liability company (the “Administrator” and, together with the Company and the Advisor, the “OFS Entities”), confirm their respective agreements (this “Agreement”) with and the appointment of Ladenburg Xxxxxxxx & Co. Inc. and Lucid Capital Markets LLC to act as placement agents (each a “Placement Agent” and collectively, the “Placement Agents”) in connection with the proposed issuance and sale of shares of common stock, par value $0.001 per share (the “Common Stock”), of the Company (the “Shares”) from time to time during the term of this Agreement having an aggregate offering price of up to $150,000,000 (the “Maximum Amount”).
Amendment of Preamble. Effective as of the Effective Date, the preamble of the Credit Agreement is hereby amended and restated to read as follows: “CREDIT AGREEMENT dated as of February 27, 2007 (as it may be amended or modified from time to time, this “Agreement”), among SUPERIOR OFFSHORE INTERNATIONAL, INC., successor-by-merger to Superior Offshore International, L.L.C., the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent. The parties hereto agree as follows:” First Amendment to Credit Agreement
Amendment of Preamble. The Preamble of the Agreement is amended in its entirety to read as follows: This Development and Supply Agreement (the “Agreement”) is made and entered into on June 11, 2007, (the “Effective Date”) by and between Intuitive Surgical, Inc., a Delaware corporation, having a principal place of business at 0000 Xxxxx Xxxx, Building 101, Sunnyvale, California 94086-5304 and its Affiliates (acting jointly and severally, individually and collectively, “Intuitive”) and Xxxx Innovations Incorporated, a Delaware corporation having a principal place of business at 0000 X. Xxxxxxxxx Street SW, Suite 400, Roanoke, Virginia 24016 and its Affiliates (acting jointly and severally, individually and collectively, “Xxxx”). As used in this Agreement, each of Intuitive and Xxxx is a “Party” and collectively they are the “Parties.”
Amendment of Preamble. Effective as of the Effective Date, the preamble of the Credit Agreement is hereby amended and restated to read as follows: “This Amended and Restated Credit Agreement, dated as of December 29, 2006, is among Newpark Resources, Inc., a Delaware corporation, as the Company and
Amendment of Preamble. The ‘PREAMBLE’ is hereby deleted in its entirety and replaced by the following: For M Premier VUL 2003 policies: THE COMPANY issues life insurance policies known as M Premier VUL 2003, as more fully described in the attached Schedule A. With respect to up to 50% of the risk, THE COMPANY is participating in a reinsurance program comprised of several reinsurance agreements. These agreements include the following: · This Automatic and Facultative Modified Coinsurance Agreement (“Agreement”) between THE COMPANY and THE REINSURER. · One or more Automatic and Facultative Yearly Renewable Term Reinsurance Agreements (“YRT Agreements”) between THE COMPANY and various reinsurers. In the context of the above reinsurance program, the reinsurance provided under the Automatic and Facultative YRT Agreements is known as “THIRD-PARTY REINSURANCE”, and the various reinsurers are known as “THIRD-PARTY REINSURERS”. The risk transferred under the THIRD-PARTY REINSURANCE Agreements is a portion of the mortality risk for the policies reinsured under this Agreement. Said portion of the mortality risk is described in the THIRD-PARTY REINSURANCE Agreements. This Agreement covers all significant risks other than the portion of the mortality risk covered under the THIRD-PARTY REINSURANCE Agreements. The portion of the mortality risk assumed by THE REINSURER under this Agreement will not exceed THE REINSURER’s retention limit. With respect to the remaining 50% of the risk, THE COMPANY will retain at least 10% of the policy risk amount on each policy up to its retention limit. THE COMPANY will cede up to 40% of the policy risk amount through one or more Automatic and Facultative YRT Agreements between THE COMPANY and various reinsurers. This Agreement and the THIRD-PARTY REINSURANCE agreements shall operate independently of one another, except where specifically indicated in this agreement.
