Amendment Order Sample Clauses

Amendment Order. Not later than April [__], 2008, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth Amendment Order”) in substantially the form of Exhibit B attached hereto or such other form as otherwise agreed by the Administrative Agent and the Debtors and which Amendment Order (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended by this Fifth Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.
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Amendment Order. The Amendment Order shall fail to be in full force and effect and/or shall have been vacated, reversed, modified or stayed in any respect and, if such order is the subject of any pending appeal, the performance of any obligation of any party hereto shall have been stayed pending such appeal. The request and acceptance by Borrower of the proceeds of any Revolving Credit Advance and/or the incurrence of any Letter of Credit Obligations shall be deemed to constitute, as of the date thereof, (i) a representation and warranty by Borrower that the conditions in this Section 2.2 have been satisfied and (ii) a reaffirmation by Borrower of the granting and continuance of Agent’s Liens, on behalf of itself, Lenders and, subject to and as provided by the terms of the Order and to the extent provided in the Order, Citibank, as agent under the Receivables Facility for its Purchase Price Overpayment Secured Claim pursuant to the Collateral Documents.
Sample 1
Amendment Order. In the event that a repeated Validation Campaign carried out under this Clause is determined not to be successful, then the Parties shall meet to discuss what action should be taken.
Sample 1
Amendment Order. Not later than May 16, 2008, the Administrative Agent shall have received the Amendment Order in a form reasonably satisfactory to the Administrative Agent, the Lenders and the Borrowers. If the Amendment Order is the subject of a pending appeal in any respect, it shall be a condition to the extension of credit under the Amended Credit Agreement that neither the making of such loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Amended Credit Agreement or under the Amended Post-Petition Credit Facility Documentation or under any other instrument or agreement referred to herein shall be the subject of a presently effective stay pending appeal.
Sample 1
Amendment Order. Receipt by the Administrative Agent of evidence satisfactory to the Administrative Agent, in its sole discretion, that the Amendment Order has been entered by the Bankruptcy Court and docketed by the Clerk of the Bankruptcy Court, and that such order is in full force and effect and has not been vacated, reversed, modified, amended, or stayed pending appeal.
Sample 1
Amendment Order. The Bankruptcy Court shall have entered the Amendment Order, certified by the Clerk of the Bankruptcy Court as having been duly entered, in form and substance satisfactory to Agent. The Amendment Order shall be in full force and effect and shall not have been vacated, reversed, modified or stayed in any respect and, if such order is the subject of any pending appeal, no performance of any obligation of any party hereto shall have been stayed pending such appeal.
Sample 1

Related to Amendment Order

  • Amendment, Modification and Supplement Upon amendment, modification and supplement of this agreement shall be subject to the written agreement executed by each party.

  • Amendment Procedures Amendments to this Agreement may be proposed only by the General Partner. To the fullest extent permitted by law, the General Partner shall have no duty or obligation to propose or approve any amendment to this Agreement and may decline to do so free of any duty or obligation whatsoever to the Partnership, any Limited Partner or any other Person bound by this Agreement, and, in declining to propose or approve an amendment to this Agreement, to the fullest extent permitted by law shall not be required to act in good faith or pursuant to any other standard imposed by this Agreement, any Group Member Agreement, any other agreement contemplated hereby or under the Delaware Act or any other law, rule or regulation or at equity, and the General Partner in determining whether to propose or approve any amendment to this Agreement shall be permitted to do so in its sole and absolute discretion. An amendment to this Agreement shall be effective upon its approval by the General Partner and, except as otherwise provided by Section 13.1 or Section 13.3, the holders of a Unit Majority, unless a greater or different percentage of Outstanding Units is required under this Agreement. Each proposed amendment that requires the approval of the holders of a specified percentage of Outstanding Units shall be set forth in a writing that contains the text of the proposed amendment. If such an amendment is proposed, the General Partner shall seek the written approval of the requisite percentage of Outstanding Units or call a meeting of the Unitholders to consider and vote on such proposed amendment. The General Partner shall notify all Record Holders upon final adoption of any amendments. The General Partner shall be deemed to have notified all Record Holders as required by this Section 13.2 if it has posted or made accessible such amendment through the Partnership’s or the Commission’s website.

  • Amendment, Etc No amendment, modification or waiver of any provision of this Indenture relating to any Guarantor or consent to any departure by any Guarantor or any other Person from any such provision will in any event be effective unless it is signed by such Guarantor and the Trustee.

  • 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:

  • Interim Order The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of February 3, 2011 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • Amendment to Loan Documents The Borrower shall not amend any of the Loan Documents except pursuant to the applicable terms thereof and Section 12.5 of this Agreement.

  • Amendment, Modification and Waiver This Agreement may not be amended, modified or waived except by an instrument or instruments in writing signed and delivered on behalf of each of the parties hereto.

  • Amendment to Agreement The Agreement is hereby amended as follows:

  • Waiver; Amendment; Modification The waiver by Company of a term or provision of this Agreement, or of a breach of any provision of this Agreement by me, shall not be effective unless such waiver is in writing signed by Company. No waiver by Company of, or consent by Company to, a breach by me, will constitute a waiver of, consent to or excuse of any other or subsequent breach by me. This Agreement may be amended or modified only with the written consent of both me and Company. No oral waiver, amendment or modification shall be effective under any circumstances whatsoever.

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