Amendment of the Note Purchase Agreement Sample Clauses

Amendment of the Note Purchase Agreement. In accordance with Section 18 of the Note Purchase Agreement, each of the following provisions of the Note Purchase Agreement is hereby amended and restated in its entirety as follows: 1.1 Section 7.1(a) is hereby amended and restated in its entirety to read as follows: (a) Semi-Annual Statements of the Parent — within 120 days after the end of the second quarter of each fiscal year of the Parent, duplicate copies of (i) an unaudited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such period, and (ii) unaudited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for the six-month period ending on such date, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to such financial statements generally, and certified by a Senior Financial Officer as presenting fairly, in all material respects, the consolidated financial position of the Parent and its Subsidiaries being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments, provided that delivery within the time period specified above of copies of the Company’s Current Report on Form 6-K containing such financial information and furnished to the SEC shall be deemed to satisfy the requirements of this Section 7.1(a), provided further that, subject to Section 7.1(i) below, the Parent shall be deemed to have made such delivery of such semi-annual statements if it shall have timely made such semi-annual statements available on its home page on the worldwide web and shall have given each holder of Notes prior notice of such availability by email on each such occasion on which such statements are made available at the email address set forth for such holder on Schedule A or such other email address as such holder shall have provided in writing to the Parent or the Company for such purpose (such availability and such prior notice being referred to as “Electronic Delivery”); provided that each holder of the Notes may at any time request the Parent to deliver to such holder a hard copy of any information, which is being made available by Electronic Delivery pursuant to this Section 7.1(a), and the Parent shall comply with any such request within 10 Business Days;” 1.2 Section 7.1 is hereby amended by adding a new clause (j) at the end thereof a...
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Amendment of the Note Purchase Agreement. (a)(ix) of the Note Purchase Agreement shall be amended by deleting the same in its entirety and replacing it with:
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Amendment of the Note Purchase Agreement. Section 2.2 (a)(ix) of the Note Purchase Agreement shall be amended by deleting the same in its entirety and replacing it with: “with respect to any Funding Date when the Issuer is required to provide or to have provided one or more Hedge Agreements in accordance with the Hedge Requirements, (A) the Hedge Agreements shall have been adjusted or new Hedge Agreements shall have been entered into, in each case, in accordance with the Hedge Requirements, after giving effect to such Increase and (B) the Hedge Amortization Schedule shall have been adjusted in accordance with the Hedge Requirements;” Section 3.1 (ee) of the Note Purchase Agreement shall be amended by deleting the same in its entirety and replacing it with:
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Amendment of the Note Purchase Agreement. The following new Section 3.1(mm) is added to the Note Purchase Agreement:
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Amendment of the Note Purchase Agreement. The Note Purchase Agreement is hereby amended nunc pro tunc by the deletion of Section 11.7 in its entirety (to the effect that with effect from the date of this Agreement the Subordinated Noteholders shall no longer have the right to convert all or a portion of their Subordinated Notes into Tethys Common Stock).
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Amendment of the Note Purchase Agreement. (a) Section 10 to the Note Purchase Agreement is hereby amended nunc pro tunc by the addition of the following new Section 10.8 to read in its entirety as follows:-
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Amendment of the Note Purchase Agreement. Schedules 6.11 and 7.4 to the Note Purchase Agreement are hereby amended nunc pro tunc to delete therefrom any reference to the Companies.
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Amendment of the Note Purchase Agreement. Section 2.8(a)(iii) of the Note Purchase shall be amended by deleting the same in its entirety and replacing it with: “If any Liquidity Provider acquires from a Conduit an interest in any portion of the Purchaser Invested Amount funded by such Conduit, or, the Alternate Purchasers in any Purchaser Group fund any portion of the Purchaser Invested Amount with respect to such Purchaser Group pursuant to this Agreement, then, prior to the occurrence of an Event of Default, the initial Funding Period applicable to such portion of such Purchaser Invested Amount shall be a period of not greater than 14 days and such portion of such Purchaser Invested Amount shall accrue interest at the Bank Base Rate. Thereafter, so long as no Event of Default shall have occurred, interest shall accrue on such portion of such Purchaser Invested Amount at the Adjusted LIBOR Rate for the applicable Interest Accrual Period. At any time following the date on which a Liquidity Provider or Alternate Purchaser is accruing interest at the Adjusted LIBOR Rate, the Issuer, in its sole discretion, may replace such Liquidity Provider or Alternate Purchaser with (x) an Additional Conduit and the Related Additional Alternate Purchasers, (y) an Additional Non-Conduit Committed Purchaser or (z) an existing Conduit, Alternate Purchaser or Non-Conduit Committed Purchaser.” Section 2.8(a)(iv) of the Note Purchase shall be amended by deleting the same in its entirety and replacing it with: “Prior to the occurrence of an Event of Default, the amount of any Purchaser Invested Amount with respect to a Non-Conduit Committed Purchaser shall accrue interest during an Interest Accrual Period at a rate per annum equal to the LIBOR Rate with respect to each such Interest Accrual Period; provided; however, that on any date prior to the occurrence of an Event of Default on which more than 50% of the Outstanding Note Balance is funded by one or more Liquidity Providers and/or Alternate Purchasers, each Non-Conduit Committed Purchaser may elect, in its sole discretion, by delivering written notice to the Issuer and Administrative Agent (a “Pricing Increase Notice”), to have the Purchaser Invested Amount with respect to such Non-Conduit Committed Purchaser accrue interest for each succeeding Interest Accrual Period that more than 50% of the Outstanding Note Balance is funded by one or more Liquidity Providers and/or Alternate Purchasers at a rate per annum equal to the LIBOR Rate with respect to such Interest Acc...
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Amendment of the Note Purchase Agreement. (a) Schedules 6.11 and 7.4 to the Note Purchase Agreement are hereby amended nunc pro tunc to delete therefrom any reference to the Companies. (b) Section 11.7(a) to the Note Purchase Agreement is hereby amended nunc pro tunc by adding the following language at the end thereof:- “For the avoidance of doubt, in the event that the holders of the Notes elect to convert their Notes into Tethys Common Stock pursuant to this Section 11.7(a), the shares of Tethys Common Stock which the relevant Noteholders shall be entitled to receive upon conversion pursuant to this Section shall be satisfied by the transfer of such number of shares of Tethys Common Stock by CanArgo Limited, a company incorporated under the laws of the Island of Guernsey, to the relevant Noteholder.”
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Related to Amendment of the Note Purchase Agreement

  • Note Purchase Agreement The conditions precedent to the obligations of the Applicable Pass Through Trustees and the other requirements relating to the Aircraft and the Equipment Notes set forth in the Note Purchase Agreement shall have been satisfied.

  • 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:

  • Amendment to Purchase Agreement Section 1.3 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

  • Forbearance Agreement Except as otherwise expressly provided herein, (i) the Forbearance Agreement is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the date hereof (A) all references in the Forbearance Agreement to "this Forbearance Agreement ", "hereto", "hereof", "hereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this Amendment, and (B) all references in the Financing Agreement or any other Loan Document to the " Forbearance Agreement ", "thereto", "thereof", "thereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this amendment. This Amendment shall be effective only in the specific instances and for the specific purposes set forth herein and does not allow for any other or further departure from the terms and conditions of the Forbearance Agreement or the Financing Agreement which terms and conditions shall remain in full force and effect.

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • 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:

  • Terms of the Purchase Agreement The terms of the Purchase Agreement, including, but not limited to, the representations, warranties, covenants, agreements and indemnities relating to the Assigned Contracts are incorporated herein by this reference. The parties hereto acknowledge and agree that the representations, warranties, covenants, agreements and indemnities contained in the Purchase Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein. In the event of any conflict or inconsistency between the terms of the Purchase Agreement and the terms hereof, the terms of the Purchase Agreement shall govern.

  • The Purchase Agreement This Agreement has been duly authorized, executed and delivered by the Company and the Guarantors.

  • Financing Agreement This Amendment shall constitute a Financing Agreement.

  • Amended and Restated Agreement This Agreement amends and restates, in its entirety, and replaces, the Prior Loan Agreement. This Agreement is not intended to, and does not, novate the Prior Loan Agreement and Borrower reaffirms that the existing security interest created by the Prior Loan Agreement is and remains in full force and effect.

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