Amendment of Section 9.1. Section 9.1 of the Credit Agreement is hereby amended by deleting the last two sentences of such Section 9.1 and replacing them in their entirety with the following: “The Administrative Agent shall be fully justified in failing or refusing to take any action under this Agreement or any other Loan Document unless it shall first receive such advice or concurrence of the Required Lenders as it deems appropriate or it shall first be indemnified to its satisfaction by the Lenders against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action. If any indemnity in favor of the Administrative Agent shall be or become, in the Administrative Agent’s determination, inadequate, the Administrative Agent may call for additional indemnification from the Lenders and cease to do the acts indemnified against hereunder until such additional indemnity is given. The Administrative Agent shall in all cases be fully protected in acting, or refraining from acting, under this Agreement and the other Loan Documents in accordance with a request of the Required Lenders, and such request and any action taken or failure to act pursuant thereto shall be binding upon all of the Secured Parties; provided that the Administrative Agent shall not be required to take any action that, in its opinion or in the opinion of its counsel, may expose it to liability or that is contrary to any Loan Document or applicable requirements of law.”
Amendment of Section 9.1. Section 9.1 of the Merger Agreement is hereby amended and restated in its entirety to read as follows:
Amendment of Section 9.1. Section 9.1 of the Agreement is hereby amended and restated to read as follows:
9.1. The term of this Agreement shall begin on the Effective Date and provided that the first delivery of the Product under this Agreement shall occur on or before June 30, 2010, and unless previously terminated as hereinafter set forth, shall remain in force for a period of ten Years beginning with the First Shipment Date.
Amendment of Section 9.1. Section 9.1 is amended in its entirety to read as follows: Create or suffer to exist, or permit any Subsidiary to create or suffer to exist, any Lien upon or with respect to any of its properties (including, without limitation any real property), whether now owned or hereafter acquired, or assign any right to receive income, except Permitted Liens and Liens subordinated to the Administrative Lender’s Liens by Section 9.2(h).
Amendment of Section 9.1. Section 9.1 of the Credit Agreement is hereby amended:
(a) by deleting clause (a) thereof in its entirety and inserting the following in lieu thereof:
(a) any failure by the Borrowers to pay the principal of, or interest or premium on, any of the Obligations or any fee or other amount owing hereunder when due, whether upon demand or otherwise; provided, however, on and after November 10, 2007, if (i) the Co-Agent is entitled to exercise the Stretch Loan Put Notice (as defined in the Loan Purchase Agreement) as set forth in Section 3(a) of the Loan Purchase Agreement, (ii) the Overadvance Amount is less than or equal to principal amount of Stretch Loans subject to such put option, and (iii) none of Harbinger Capital Partners Master Fund I, Ltd. or Harbinger Capital Partners Special Situations Fund, L.P. have breached any of their obligations under the Loan Purchase Agreement, the failure of the Borrowers to pay, when due, the Overadvance Amount shall not constitute an Event of Default under this clause (a) unless the Co-Agent has attempted to, or is enjoined or otherwise legally prevented from exercising its rights under the Loan Purchase Agreement;”
(b) by deleting the word “and” at the end of clause (r), redesignating clause (s) as clause (v) and inserting new clauses (s), (t) and (u) as follows:
Amendment of Section 9.1. (i) Section 9.1(a) is hereby deleted in its entirety and replaced with the following:
(a) if to the Borrower, to Coty Inc., 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention of Xxxxx Xxxxxxx, General Counsel (Telecopy No. 212-479-4328);
(ii) Section 9.1(b) is hereby deleted in its entirety and replaced with the following:
Amendment of Section 9.1. Section 9.1 of the Purchase Agreement is hereby amended by deleting such section in its entirety and by replacing it with the following:
Amendment of Section 9.1. The first sentence of Section 9.1 is hereby deleted and replaced in its entirety by the following language:
Amendment of Section 9.1. Section 9.1 of the Credit Agreement is hereby amended and restated in its entirety as set forth below.
Amendment of Section 9.1. Section 9.1 of the Hotel Management Agreement is hereby amended and restated in its entirety to read as follows:
9.1 A. For all Hotels excluding the Amended Fee Hotels, Owner shall pay to Operator, on a monthly basis, for services rendered under this Agreement a management fee (the “Basic Fee”) equal to three percent (3.0%) of Total Revenues during any Fiscal Year or portion thereof.
