Amendment to Guaranty Agreement. Effective as of the First Amendment Effective Date, a new Section 4.15 is hereby added to the Guaranty Agreement immediately following Section 4.14 thereof, which Section 4.15 shall read in full as follows:
Amendment to Guaranty Agreement. The Guaranty Agreement is hereby amended as set forth in this Section 3.
Amendment to Guaranty Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 8 hereof, the parties hereto hereby agree that the Guaranty Agreement is hereby amended by adding the following new paragraph to the end of Section 2.1 of the Guaranty Agreement to read as follows: “Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor to honor all of its obligations under this Guaranty in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.1 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.1 or otherwise under this Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 2.1 shall remain in full force and effect until all the Guaranteed Obligations are paid in full and the Commitments are terminated. Each Qualified ECP Guarantor intends that this Section 2.1 constitute, and this Section 2.1 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”
Amendment to Guaranty Agreement. Xx. Xxxxxxxxx shall deliver concurrently with his execution of this Third Amendment an executed copy of the Second Amended and Restated Guaranty Agreement attached hereto as Exhibit B which acknowledges and agrees to the changes in the value of the Prebate and the terms of the repayment of the Prebate.
Amendment to Guaranty Agreement. Effective on the date hereof, the Guaranty Agreement is hereby amended as follows:
(a) The definition of “Change of Control” shall be deleted in its entirety and replaced with the following:
Amendment to Guaranty Agreement. In reliance upon the representations and warranties of the Loan Parties set forth in Section 9 below, and subject to the satisfaction of the conditions to effectiveness set forth in Section 8 below, the Guaranty Agreement is hereby amended as follows:
(a) The following proviso is added to the end of the definition of "Guarantied Obligations" set forth in Section 1(a) of the Guaranty Agreement: ; provided that, anything to the contrary contained in the foregoing notwithstanding, the Guarantied Obligations shall exclude any Excluded Swap Obligation.
(b) A new Section 27 is hereby added to the Guaranty Agreement in its entirety as follows:
Amendment to Guaranty Agreement. Amendment to Section 3.01 of the Guaranty Agreement. Section 3.01 of the Guaranty Agreement is hereby amended by deleting everything after item (15) therein and replacing it with the following: “Notwithstanding the foregoing or any other provision of this Agreement or any other Loan Document, in no event shall the Collateral include, and no Grantor shall be deemed to have granted a security interest in, any of such Grantor’s rights or interests in or under: 4
Amendment to Guaranty Agreement. Section 2.1. The parenthetical phrase reading “(the “Shelf Notes” and together with the Series B Notes, the Series C Notes, the Series D Notes and the Series E Notes, the “Notes”)” set forth in recital C to the Guaranty Agreement is amended and restated in its entirety to read as follows: “(the “Shelf Notes” and together with the Series B Notes, the Series C Notes, the Series D Notes, the Series E Notes and the PIK Notes (as defined in the Note Purchase Agreement), the “Notes”)”.
Amendment to Guaranty Agreement. Subject to all of the terms and conditions set forth in this Amendment, effective as of January 9, 2018 and immediately subsequent to the effectiveness of Section 1 above on such date, the Guaranty Agreement is hereby amended as set forth in the marked terms on Exhibit B-1 attached hereto (the “Amended Guaranty Agreement”). In Exhibit B-1 hereto, deletions of text in the Amended Guaranty Agreement are indicated by struck-through text, and insertions of text are indicated by bold, double-underlined text. Exhibit B-2 attached hereto sets forth a clean copy of the Amended Guaranty Agreement, after giving effect to such amendments.
Amendment to Guaranty Agreement. 1.1 Section 11.7(b) of the Guaranty Agreement is hereby deleted in its entirety and replaced with the following:
