Amendment to Credit Facility. Each Current Holder shall have received true and correct copies of the fully executed amendment (the “Credit Facility Amendment”) to the Credit Facility substantially in the form of Exhibit 5.1 hereto;
Amendment to Credit Facility. An amendment to each of (A) the Credit Agreement dated as of September 17, 2004 by and among ONEOK, Bank of America, N.A., and the financial institutions therein named as Lenders, as amended, and (B) the Credit Agreement dated June 27, 2005 among ONEOK, Inc., as Borrower, Citibank, N.A., as Administrative Agent, and the Lenders party thereto, as amended, shall have been executed and delivered by the parties thereto in form and substance reasonably satisfactory to ONEOK that permits ONEOK to enter into and perform its obligations under this Agreement.
Amendment to Credit Facility. Amendments to the Credit Facility, substantially in the form of Annex C attached hereto shall have become effective.
Amendment to Credit Facility. Notwithstanding anything in ---------------------------- Section 6.3 to the contrary, on or prior to the Closing, the Company shall use its reasonable best efforts to enter into an amendment to the Credit Facility upon terms and conditions reasonably satisfactory to Purchasers which amendments will, among other things, (i) modify current covenants, (ii) increase the limits on the Company's ability to make capital expenditures for contemplated acquisitions and (iii) confirm that the entering into this Agreement, and the consummation of the transactions contemplated hereby, including without limitation, the acquisition of the Securities by the Purchasers, and the filing of the Certificate Amendments with the Office of the Secretary of State of the State of Delaware, do not and will not constitute a Change in Control or a breach of or default under the Credit Facility.
Amendment to Credit Facility. The Lender shall have received a fully executed copy of an amendment to that certain Credit Agreement dated as of March 3, 1997 between Parent and State Street Bank and Trust Company, as amended, modifying the maximum permitted leverage ratio therein to 35%.
Amendment to Credit Facility. The Company has consummated the Amendment to Credit Facility as described in the Private Placement Memorandum.
Amendment to Credit Facility. The Company will use commercially reasonable efforts to within 45 days following the First Closing consummate an amendment to its warehouse line of credit maintained with First Bank National Association increasing the principal amount that may be borrowed under such line to at least $150 million.
Amendment to Credit Facility. Contemporaneous with the investment by Xx. Xxxxx contemplated in Section 4 below, Buyer will execute an amendment to its senior secured credit facility with its senior secured lender MGG Capital (the “Lender”) pursuant to which the Lender agrees to modify its loan agreements with Buyer to: (i) waive all non-payment covenant defaults that have occurred before or during the fiscal quarter ended March 31, 2019; (ii) lower scheduled quarterly principal payments due from Buyer to Lender for each of the quarters ending June 30, September 30, and December 31, 2019 and March 31, 2020; and (iii) adjust in a way accommodating to Buyer the affirmative and negative compliance covenants to which Buyer is subject in its agreements with Lender for each of the quarters ending June 30, September 30, and December 31, 2019 and March 31, 2020. Buyer agrees to provide Xx. Xxxxx with a final version of the amendment to the credit agreement with MGG prior to the investment contemplated in Section 4 below, and Xx. Xxxxx will only be obligated to make such investment if the agreement between MGG and Buyer is substantively consistent with the description in this Section 1.
Amendment to Credit Facility. The Company has entered into an amendment to its credit facility substantially on the terms described in the Private Placement Memorandum (the “Credit Facility Amendment”). The Credit Facility Amendment has been duly and validly authorized, executed and delivered by the Company and constitutes the legal, valid and binding agreement of the Company, enforceable by and against it in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws and judicial decisions of general application relating to enforcement of creditors’ rights generally, and the application of general equitable principles relating to or affecting the availability of remedies, and except as rights to indemnity or contribution may be limited by federal or state securities laws or the public policy underlying such laws.
Amendment to Credit Facility. From and after the date of this Agreement for so long as there are Securities outstanding, without the prior written consent of the Stockholder Representative (such consent not to be unreasonably withheld, conditioned or delayed), the Company shall not waive, modify, amend or supplement any term or condition set forth in the Company’s senior credit facility to be entered into on or about the Closing Date if such waiver, modification, amendment or supplement would adversely affect the Company’s ability to (a) use the proceeds of any equity offering to redeem Shares, (b) pay any amount due under Section 4.1(f) immediately upon such amount becoming due and payable or (c) pay any liquidated damages required to be paid pursuant to Section 2(d) the Registration Rights Agreement.
