Amendment to Facility Agreement. Upon the Effective Date (as defined below), the Facility Agreement shall be amended as follows:
(a) Section 1.01.
Section 1.01 is amended by adding the following definitions in appropriate alphabetical order:
Amendment to Facility Agreement. Upon the Effective Date (as defined below), the Facility Agreement shall be amended as follows:
(a) Article I is amended as follows:
(i) by deleting the definitions of "Change of Control", "Existing Credit Agreement", "Material Adverse Effect", "Material Subsidiary," "Ongoing Credit Agreement" and "Subsidiary" and replacing each in its entirety to read as follows:
Amendment to Facility Agreement. 1.1 The Issuing Bank and each Borrower hereby agree that, with effect from the Effective Date (as defined below), the Facility Agreement shall be amended by deleting the definition of “Availability Period” and replacing it with the following definition:
Amendment to Facility Agreement. 1.1 Section 1.1 of the Facility Agreement. The definitions of “Doric Prepayment Date” and “Doric Trigger Event” set forth in Section 1.1 of the Facility Agreement are each amended by deleting such definitions in their entirety and replacing and restating such definitions, in their entirety, as follows
Amendment to Facility Agreement. On and with effect from the Effective Date, the Facility Agreement is amended as set out in Schedule 1.
Amendment to Facility Agreement. (1) The heading in Clause 19.24 is hereby amended by deleting the words “and the Kinross Documents” and inserting in their place the words “and the Partnership Documents”.
(2) Clause 19.24(a) is hereby amended by deleting the words “and the Kinross Documents” and inserting in their place the words “and the Partnership Documents (other than, for the avoidance of doubt, the Kinross Disposal Agreement)”.
(3) Clause 19.24(b) is hereby amended by deleting the words “and the Kinross Documents” and inserting in their place the words “and the Partnership Documents” and deleting the words “or any Kinross Document” and inserting in their place the words “or any Partnership Document”.
(4) Clause 19.24(d) is hereby amended by deleting subsections (i) and (ii) in their entirety.
(5) Clause 19.24(f) is hereby amended by deleting the words “any Kinross Document” and inserting in their place the words “any Partnership Document”.
(6) The heading in Clause 22.18 is hereby amended by deleting the words “and the Kinross Documents” and inserting in their place the words “and the Partnership Documents”.
(7) Clause 22.18(a) is hereby amended by deleting the words “and the Kinross Documents” and inserting in their place the words “and the Partnership Documents”.
(8) Clause 22.18(b)(i) is hereby amended by deleting the words “any Kinross Document” and inserting in their place the words “any Partnership Document”.
(9) Clause 22.18(b)(iv) is hereby deleted in its entirety and replaced by the following: "enter into:
A. any new Diavik Document;
B. any agreement with any person that might reasonably be expected to have an adverse effect on the perfection or enforceability of the Security created (or purported to be created) by the Security Documents or the ability of any Finance Party to enforce such Security;"
(10) Clause 22.18(b)(v) is hereby amended by deleting the words “or Kinross Document” and inserting in their place the words “or the Partnership Document” and deleting the words “the Kinross Documents” and inserting in their place the words “the Partnership Documents”.
(11) Clause 22.19(b)(i) is hereby amended by deleting the words “Kinross Document” and inserting in their place the words “Partnership Document”.
(12) Clause 22.19(b)(ii) is hereby amended by deleting the words “, Kinross Document”.
(13) Clause 22.19(b)(iii) is hereby amended by deleting each reference to the words “or Kinross Document” and inserting in their place the words “or Partnership Document”.
(14) The hea...
Amendment to Facility Agreement. Upon the Effective Date (as defined below), Section 5.01(h) of the Facility Agreement shall be amended in its entirety to read as follows: Minimum Risk-Based Capital. The Company will not permit the Risk-Based Capital for any Material Regulated Insurance Company (other than IL Annuity and Insurance Company) to be less than 350% nor shall it permit the Risk-Based Capital of IL Annuity and Insurance Company (so long as IL Annuity and Insurance Company is a Material Regulated Insurance Company) to be less than 300%. For purposes of this Section 5.01(h), "Risk-Based Capital" and "Material Regulated Insurance Subsidiary" shall have the meanings ascribed to them by the Existing Credit Agreement.
Amendment to Facility Agreement. (a) The Facility Agreement is amended as set out in Schedule 2.
(b) The amendments to the Facility Agreement take effect on and from the Effective Date and any reference to the Facility Agreement (however defined) in any Finance Document (except for this deed) is to be read as referring to the Facility Agreement as amended by this deed.
Amendment to Facility Agreement. 1.1 Section 1.1
Amendment to Facility Agreement
