Amendment Period. This First Amendment shall become effective on September 8, 2020 and continue through February 26, 2021 (“Amendment Period”), unless terminated sooner as provided in the Original Agreement.
Amendment Period. Notwithstanding anything to the contrary contained herein, at all times during the Amendment Period and continuing thereafter until the Post-Amendment Period Compliance Date, the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to do any of the following without the prior written consent of the Requisite Lenders:
(a) incur any additional unsecured Indebtedness (including, without limitation, any increase in the Commitments pursuant to Section 2.15), other than (i) borrowings of Loans in accordance with the terms hereof, (ii) pursuant to one or more Stimulus Transactions, (iii) any issuance by the Borrower of unsecured notes pursuant to a Qualified Notes Issuance, provided that (A) the proceeds thereof are applied in accordance with Section 2.7(b)(iii)(B) and (B) no Default or Event of Default has occurred and is continuing or would result therefrom, and (iv) any other incurrence by the Borrower or any Subsidiary of unsecured Indebtedness, provided that (A) the proceeds thereof are applied in accordance with Section 2.7(b)(iii)(B), (B) no Default or Event of Default has occurred and is continuing or would result therefrom, and (C) unless the Borrower is not in compliance with the Amendment Period Incurrence Conditions, at the time of incurrence or as a result of the application of subclause (A) of this clause (iv), no Loans or Term Loans remain outstanding, and all Pari Passu Obligations have been repaid in full (or with respect to any issued but undrawn amount of an outstanding Letter of Credit, the amount thereof has been paid to the Administrative Agent for deposit into the Letter of Credit Collateral Account);
(b) acquire any real property or make any other Investments of any kind, other than: (i) renovations, improvements and capital expenditures in respect of any Property, collectively, in an aggregate amount not to exceed $250,000,000 in any calendar year (to be automatically increased to $350,000,000 for the calendar year in which the Term Loans and all other “Obligations” under and as defined in the Term Loan Agreement are discharged and repaid in full and for each calendar year thereafter), (ii) if Five Star conducts an equity offering, the acquisition by the Borrower of such minimum number of additional shares of Five Star as would permit the Borrower to retain pro rata ownership of 33.9% of Five Star, and (iii) acquisitions of any properties in the proximity of, and accretive to, existing real property assets...
Amendment Period. No later than the third Business Day following the date of receipt by the Borrower, any of its Subsidiaries or Unconsolidated Affiliates of any Net Cash Proceeds at any time during the Amendment Period, the Borrower shall (to the extent any Obligations remain outstanding) (A) give the Administrative Agent written notice of the receipt of such Net Cash Proceeds and (B) pay to the Administrative Agent one hundred percent (100%) of all such Net Cash Proceeds, which prepayment shall be applied in accordance with Section 2.7(b)(v)(B).
Amendment Period. For purposes of this Amendment, this Section 2 will be effective only for the period from and including the date hereof through and including April 30, 2007 (the “Amendment Period”). Subject to Section 5 hereof, the Repurchase Agreement shall be amended as follows:
(a) Section 12(m) is hereby amended by deleting the “Adjusted Tangible Net Worth” covenant therein in its entirety and replacing it with the following: Adjusted Tangible Net Worth Adjusted Tangible Net Worth shall, at all times, exceed the greater of (i) $275,000,000 (two hundred and seventy-five million dollars) and (ii) the dollar amount set forth in the most restrictive covenant measuring Adjusted Tangible Net Worth contained in any agreement between Seller and any purchaser or lender to whom Seller sells mortgage loans or obtains financing pursuant to a mortgage loan repurchase, warehouse lending or similar facility.
(b) Section 12(m) is hereby further amended by deleting the “Profitability” financial covenant therein in its entirety and replacing it with the following: Profitability Seller shall not, for the fiscal quarter ending on March 30, 2007, have Net Income of less than negative $65,000,000 (i.e., a loss of more than $65,000,000) without regard to unrealized gains or losses from Xxxxxx during such period.
(c) Section 12(m) is hereby further amended by deleting the “Total Leverage Ratio” financial covenant therein in its entirety and replacing it with the following: Total Leverage Ratio Total Leverage Ratio shall not, at any time, exceed 18:1.
(d) Section 12(m) is hereby further amended by deleting the “Recourse Debt Leverage Ratio” financial covenant therein in its entirety and replacing it with the following: Recourse Debt Leverage Ratio Recourse Debt Leverage Ratio shall not, at any time, exceed 7:1.
(e) Section 12(m) is hereby further amended by deleting the “Minimum Liquidity” financial covenant therein in its entirety and replacing it with the following: Minimum Liquidity Liquidity of Seller shall, at all times, exceed $20,000,000. For purposes of the calculation of Liquidity for this covenant, cash and/or Cash Equivalents shall comprise at least 50% of Liquidity.
Amendment Period. For purposes of this Amendment, this Section 2 will be effective only for the period from and including October 1, 2006 through and including March 31, 2007 (the “Amendment Period”). Section 14(e) of the Existing Repurchase Agreement is hereby amended by deleting it in its entirety and replacing it with the following language, which amendment shall be effective solely during the Amendment Period:
Amendment Period. In exchange for 12 monthly payments of $[***] dollars and [***] cents) each, IM shall provide [***] FTEs in accordance with the terms of the Agreements for the Amendment Period. IM shall provide [***] of the [***] FTEs for [***] and [***] of the [***] FTEs for [***]. IM shall invoice ATMI on a monthly basis for said payments. Payments will be made within 30 days of the 1st each month.
Amendment Period. The period from and after the Tenth Amendment Effective Date through the earlier of (i) September 30, 2019 and (ii) the occurrence of any Event of Default under this Amendment shall be known as the “Amendment Period”; provided, however, that in the event that the outstanding balance of the Secured Obligations (including accrued interest, fees, costs, and charges) has been paid down to an amount that is less than or equal to Five Million Dollars ($5,000,000) on or before September 30, 2019, the Amendment Period shall be extended automatically through the earlier of (i) October 22, 2019 and (ii) the occurrence of any Event of Default under this Amendment.
Amendment Period. So long as no Event of Default has occurred and is continuing, amounts paid under the preceding subsection (ii) shall be applied as follows:
(1) first, to repay the principal outstanding on Swingline Loans, from nearest Swingline Maturity Date to latest Swingline Maturity Date, to the full extent thereof, (2) second, to repay the principal outstanding on the Revolving Loans and any Reimbursement Obligations pro rata in accordance with Section 3.2. and then if any Letters of Credit are outstanding at such time, the undrawn amount thereof deposited into the Letter of Credit Collateral Account for application to any Reimbursement Obligations, in each such case, to the full extent thereof, (3) third, to repay all other outstanding Obligations hereunder, in the order and manner provided in Section 10.5, to the full extent thereof, and (4) fourth, after all Obligations have been repaid in full, to the Borrower to be retained and applied by the Borrower as it may, in its discretion, elect (provided that any amounts so retained and applied by the Borrower may not be applied in a manner that violates this Agreement).
Amendment Period. Notwithstanding anything to the contrary herein or in any other Credit Document, at all times during the Amendment Period, the Company and the Servicer, as applicable, shall remain required to test and report pursuant to the terms hereof, but solely for informational purposes and for no other purposes hereunder or in any Credit Document, the Three-Month Average Delinquency Ratio, the Three-Month Weighted Average Excess Spread or the Three-Month Average Portfolio Weighted Average Receivable Yield, or in any case, any components thereof (collectively, the “Portfolio Performance Tests”). For the avoidance of doubt, during the Amendment Period, the Portfolio Performance Tests shall be deemed inapplicable for all purposes hereof, and no Early Amortization Event or Level 1 Performance Event shall occur (or be deemed to have occurred) as a result therefrom.”
Amendment Period. In exchange for a payment of $[***] dollars), IM agrees to provide support services (“Services”) for the Supported Tools for the Amendment Period in accordance with the terms of the Agreements. For the avoidance of doubt, Services only include labor and do not include parts. IM shall quote and ATMI shall pay separately for any replacement or additional parts needed to provide such support. Additionally, Services do not include (i) any work requests related to the Pipeline Pilot and (ii) any work requests related to customization of Informatics. IM shall quote and ATMI shall pay separately for any such work requests. ATMI shall issue non-cancellable purchase orders for such support services no later than [***].
