Amendment to Guaranty. No amendment or waiver of any provision of this Guaranty, and no consent to any departure by any Guarantor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Required Banks, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given, except that no amendment, waiver or consent shall, unless in writing and signed by all the Lenders, (i) limit the liability of any Guarantor hereunder, (ii) postpone any date fixed for payment hereunder, or (iii) change the number of Lenders required to take any action hereunder.
Amendment to Guaranty. Agent shall have received Amendment No. 1 to Guaranty described in the definition of "Guaranty" contained in Section 1.2 of this Amendment, in form and substance satisfactory to Lenders, duly executed and delivered by each Guarantor (which for this purpose shall include MILPI);
Amendment to Guaranty. (a) The provisions of Section 4.7(a)(iv) of the Guaranty are hereby amended and restated in their entirety as follows:
Amendment to Guaranty. Guarantors, the Lenders and the Agent do hereby modify and amend the Guaranty by deleting in its entirety Recital A appearing on page 1 of the Guaranty, and inserting in lieu thereof the following:
A. On or about the date hereof, DuPont Fabros Technology, L.P., a Maryland limited partnership (“Borrower”), Agent and the Lenders entered into that certain Credit Agreement (as amended, the “Credit Agreement”) whereby the Lenders agreed to make a revolving credit loan (the “Loan”) available to Borrower in the maximum aggregate amount at any time outstanding not to exceed the sum of $225,000,000.00, increasable to Four Hundred Million and no/100 Dollars ($400,000,000.00). Capitalized terms used and not otherwise defined herein shall have the meanings given to them in the Credit Agreement.”
Amendment to Guaranty. (a) Article V(g) of the Guaranty is hereby amended by deleting it in its entirety and replacing it with the following:
Amendment to Guaranty. Subject to the following terms and conditions, including without limitation the conditions precedent set forth in Section 5, upon execution of the parties hereto in the space provided for that purpose below, the Guaranty shall be, and it hereby is, amended by amending in its entirety the first paragraph of the Guaranty to be and to read as follows:
Amendment to Guaranty. In accordance with Section 11(b) of the Guaranty, the Guarantors and the Designee on behalf of the Required Holders (as defined in the Merton Notes) hereby agree as follows:
(a) Following the issuance of the March 2021 Merton Notes, the following WHEREAS clause shall be added immediately following the second WHEREAS clause and immediately prior to the third WHEREAS clause immediately prior to the effectiveness of this Agreement:
Amendment to Guaranty. Each Subsidiary Guarantor shall have executed and delivered the Amendment to Guaranty.
Amendment to Guaranty. The Guaranty is hereby amended by deleting the definition of “Obligations” in Section 1 thereof and replacing it with the following:
Amendment to Guaranty. The Guaranty is hereby amended by replacing clause (a) of Section 1 thereof in its entirety with the following: “(a) all “Obligations” as defined in the Loan Agreement, including, without limitation, all indebtedness and obligations owing by the Borrower to any of the Lenders or Agent under or in connection with the Loan Agreement and any other Loan Document, including any and all extensions, renewals, modifications, amendments, or substitutions of the foregoing, including without limitation, the repayment of all principal of the Loans made by the Lenders to the Borrower under the Loan Agreement and the payment of all interest, fees, charges, reasonable and documented attorneys’ fees and other amounts payable to any Lender or Agent thereunder or in connection therewith and”.
