Amendment to Covenants. Sections 6.5 and 6.6 of the Loan Agreement are hereby stated in their entirety as follows:
Amendment to Covenants. Notwithstanding anything to the contrary contained in the Loan Documents, the Borrower will not at any time or during any fiscal period (as applicable) fail to be in compliance with any of the financial covenants set forth in Schedule 1.6, attached hereto (the “Amended Covenants”).
Amendment to Covenants. (a) The last sentence of the second paragraph of Section 4.03(a) is hereby amended by replacing such sentence with the following: “Such annual and quarterly reports shall not be required to include financial information for periods ending June 30, 2007 or earlier and will not be required to comply with the certification requirements of Section 302 of the Xxxxxxxx-Xxxxx Act of 2002 applicable to reports filed with the SEC. The Company will post a copy of each of the reports referred to in clauses (1) and (2) above on its website for public availability within the time periods specified in the rules and regulations of the SEC that would be applicable to such reports.”
Amendment to Covenants. Section 1009 of Article 10 of the Indenture is hereby supplemented and amended by adding thereto at the end thereof the following clause (c):
Amendment to Covenants. An amendment to the Covenants, executed with all requisite authority, reconciling the Covenants with the approved Development Plan (the same being the Polaris Pointe South Filing No. 4 as referenced in City of Colorado Springs Approval Letter dated February 15, 2023) and otherwise approved by Purchaser, in Purchaser’s discretion, prior to Closing. Said amendment shall be recorded concurrently with the Deed.
Amendment to Covenants. Article V of the Credit Agreement is hereby amended to add the following new Section 5.30 and Section 5.31 thereto:
Amendment to Covenants of Article 4 of the Indenture is hereby deleted and replaced in its entirety as follows:
Amendment to Covenants. 1. The Company may amend the Covenants. In this case, the Company shall give the Customer at least 60 days’ prior notice about intended amendment. The method of giving notice of amendment shall be as set forth in the Covenants.
2. After the date of amendment of the Covenants, amended provisions of the Covenants shall apply to the Service Contract.
3. When it is reasonably judged that amendment to the Covenants brings disadvantage to the Customer, the Customer may terminate the Service Contract by giving a written notice to the Company within 30 days following the day of arrival of the notice related to the amendment.
4. In the case of the preceding Paragraph, the Service Contract shall terminate on the day immediately before the day when amendment to the Covenants becomes effective.
Amendment to Covenants. Sections 10.04, 10.05, 10.06, 10.07, 10.10, 10.12, 10.13, 10.14, 10.16, 10.17, 10.18, 10.19, 10.20 and 10.21 of the Indenture are hereby deleted in their entirety and the phrase "[Intentionally Omitted]" is inserted in substitution therefor, and all references to such Sections are deleted in their entirety.
Amendment to Covenants. The parties hereby agree to amend Section 6.1 of the Loan Agreement to amend and restate subsection (iv) thereof so that as amended and restated Section 6.1(iv) of the Loan Agreement reads as follows:
