Amendment to Annex I. Annex I is hereby amended by deleting such Annex in its entirety and replacing it with Annex I attached hereto.
Amendment to Annex I. Annex I of the Existing Credit Agreement is hereby amended by deleting such Annex in its entirety and replacing it with Annex I attached hereto.
Amendment to Annex I. Annex I of the Master Purchase Agreement is hereby deleted and replaced in its entirety with Annex I to this Amendment No. 2.
Amendment to Annex I. Annex I of the Credit Agreement is hereby deleted in its entirety and Second Amended Annex I attached hereto is substituted in lieu thereof.
Amendment to Annex I. Annex I is hereby amended and restated in its entirety to read as set forth on Annex I attached hereto.
Amendment to Annex I. Annex I to the Credit Agreement -------------------- (List of Lenders and Commitment Amounts) is hereby deleted in its entirety and new Annex I, attached hereto as Exhibit V, is substituted in lieu --------- thereof.
Amendment to Annex I. Annex I to the Credit Agreement is hereby replaced in its entirety with Annex I attached hereto and Annex I attached hereto shall be deemed to be attached as Annex I to the Credit Agreement. After giving effect to this Second Amendment and any Borrowing made on the Second Amendment Effective Date, (a) each Lender who holds Loans in an aggregate amount less than its Applicable Percentage (after giving effect to this Second Amendment) of all Loans shall advance new Loans which shall be disbursed to the Administrative Agent and used to repay Loans outstanding to each Lender who holds Loans in an aggregate amount greater than its Applicable Percentage of all Loans, (b) each Lender’s participation in each Letter of Credit, if any, shall be automatically adjusted to equal its Applicable Percentage (after giving effect to this Second Amendment) of the Aggregate Revolving Exposure and (c) such other adjustments shall be made as the Administrative Agent shall specify so that the Revolving Credit Exposure applicable to each Lender equals its Applicable Percentage (after giving effect to this Second Amendment) of the Aggregate Revolving Exposure of all Lenders. The Administrative Agent may make such reallocations, disbursements and fund transfers amongst the Lenders as it deems appropriate to effectuate the amendments and other terms of this Second Amendment, including, without limitation, the replacement of Annex I to the Credit Agreement, and to otherwise adjust and/or reconcile their respective allocations of the Loans resulting therefrom; provided, that in no event shall any such disbursement, reallocation or fund transfer be considered an extinguishment, novation or retirement of the Indebtedness under the Loan Documents. The Borrower hereby confirms and agrees that it shall be required to make any break-funding payments which may be required under Section 5.02 of the Credit Agreement resulting from the Loans and adjustments described in this Section 2.10.
Amendment to Annex I. The definition of “Commencement Date” shall be deleted in its entirety and replaced as follows:
Amendment to Annex I. Annex I to the Credit Agreement is hereby replaced in its entirety with Annex I attached hereto, and Annex I attached hereto shall be deemed to be attached as Annex I to the Credit Agreement effective as of the Amendment Effective Date. After giving effect to this Amendment and any Loans made on the Amendment Effective Date, (a) each Lender who holds Loans in an aggregate amount less than its Applicable Percentage of all Loans shall advance new Loans which shall be disbursed to the Administrative Agent and used to repay Loans outstanding to each Lender who holds Loans in an aggregate amount greater than its Applicable Percentage of all Loans, (b) each Lender’s participation in each Letter of Credit, if any, shall be automatically adjusted to equal its Applicable Percentage, (c) such other adjustments shall be made as the Administrative Agent shall specify so that the Revolving Credit Exposure applicable to each Lender equals its Applicable Percentage of the aggregate Revolving Credit Exposure of all Lenders and (d) each Lender hereby waives any break funding payments owing to such Lender that are required under Section 5.02 of the Credit Agreement as a result of the Loans and adjustments described in this Section 2.2.
Amendment to Annex I. Annex I of the IR Agreement is hereby amended by deleting it in its entirety and inserting the following in lieu thereof: ANNEX I SCHEDULE OF INVESTORS ---------------------------------------------------------------------------------------------- SHARES OF COMMON STOCK (SUBJECT TO INVESTOR WARRANTS) PROMISSORY NOTES ---------------------------------------------------------------------------------------------- Special Value Bond Fund, LLC 3,096,000 - 13.0% Secured Note, due January 31, 2002 in the principal amount of $2,250,000 - 14.0% Secured Note, due January 31, 2004 in the principal amount of $4,500,000 - 14.0% Senior Secured Note, due January 31, 2002 in the principal amount of $3,250,000 ---------------------------------------------------------------------------------------------- Special Value Bond Fund II, LLC none - 12.5% Secured Note, due January 31, 2003 in the principal amount of $5,000,000 - 13.0% Secured Note, due January 31, 2003 in the principal amount of $2,500,000 ---------------------------------------------------------------------------------------------- Goldxxx Xxxhs & Co. 2,867,000 none ---------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- Goldxxx Xxxhx Xxxdit Partners, L.P. none - 12.5% Secured Note, due January 31, 2003 in the principal amount of $4,333,333 - 13.0% Secured Note, due January 31, 2003 in the principal amount of $2,166,667 - 13.0% Secured Note, due January 31, 2002 in the principal amount of $2,085,000 - 14.0% Secured Note, due January 31, 2004 in the principal amount of $4,165,000 - 14.0% Senior Secured Note, due January 31, 2002 in the principal amount of $3,250,000 ---------------------------------------------------------------------------------------------- Enhanced Retail Funding, LLC 458,667 - 12.5% Secured Note, due January 31, 2003 in the principal amount of $666,667 - 13.0% Secured Note, due January 31, 2003 in the principal amount of $333,333 - 13.0% Secured Note, due January 31, 2002 in the principal amount of $333,333 - 14.0% Secured Note, due January 31, 2004 in the principal amount of $666,667 - 14.0% Senior Secured Note, due January 31, 2002 in the principal amount of $500,000 ---------------------------------------------------------------------------------------------- Richmond Associates, L.P. 229,000 - 13.0% Secured Note, due January 31, 2002 in the principal amount o...
