Amendment to Instrument(s) Sample Clauses

Amendment to Instrument(s). (a) Schedule 1.2(a) sets forth the following information with respect to each advance of Investor Debt: the amount of such advance to Company, the date such advance was made, the amount of accrued interest thereon (if any) and the due date thereof. (b) Effective upon the closing of the Merger, the maturity date of each such advance shall be amended to be the Closing Date and any accrued interest therein shall be cancelled. All amounts required to be repaid to each Investor in respect of such Investor’s Investor Debt, after taking into account the adjustments set forth in this Section 1.2 and any conversion of Insider Debt into shares of Common Stock pursuant to Section 2.1, other than the amount of Escrow under subsection (d) below, shall be paid to such Investor in cash on the Closing Date. (c) Effective upon the closing of the Merger, the amount required to be repaid to the Investors pursuant to their Investor Debt shall be reduced by the sum of (i) the Working Capital Adjustment and (ii) the amount by which $500,000 exceeds the amounts collected under that certain account receivable from Xxxxxxx & Associates (the “Xxxxxxx A/R”), which invoice is attached hereto as Exhibit B (together with the Working Capital Adjustment, the “Debt Adjustment”, the net amount required to be repaid being collectively, the “Pay-Off Amount”). (d) By virtue of this Agreement and as security for the accuracy of the Working Capital Adjustment calculated by Company in accordance with Section 1.1(b), on the Closing Date, the Investors will be deemed to have received and deposited with the Secretary of the Issuer acting as an escrow agent (the “Escrow Agent”) $300,000 of the Pay-Off Amount, or if the Pay-Off Amount is insufficient from the Share Payment (the “Escrow”), without any action by the Investors. Amounts held in the escrow account by the Escrow Agent shall be available to compensate Issuer for the amounts by which Modified Working Capital Adjustment exceeds the Working Capital Adjustment or for failure of an Investor from taking the actions required of it in accordance with Section 1.2(g). The Investors shall have interests in the escrow in proportion to the percentages set forth opposite such Investors’ name on Schedule 1 hereto (Escrow Percentage Contribution), unless otherwise directed by the Representative. (e) Three business days prior to the Closing Date, Company shall provide Issuer with an update to Schedule 1.2(a) which shall estimate the information set forth on...
Sample 1
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Related to Amendment to Instrument(s)

  • Amendment to Security Agreement 2.1 Section 2.1(xviii) of the Security Agreement is hereby amended in its entirety as follows:

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Amendment to the Loan Agreement Section 3.1 of the Loan Agreement shall be amended and restated as follows:

  • Amendment of Defined Instruments Unless the context otherwise requires or unless otherwise provided herein the terms defined in this Agreement which refer to a particular agreement, instrument or document also refer to and include all renewals, extensions, modifications, amendments and restatements of such agreement, instrument or document, provided that nothing contained in this section shall be construed to authorize any such renewal, extension, modification, amendment or restatement.

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • Amendment to Agreement Effective as of the Amendment No. 2 Effective Date, the Agreement shall be amended as follows: The parties hereby agree to amend Exhibit A by adding the following new text as a new section 5: [START NEW TEXT]

  • Amendment of the Agreement The Company and the Participant may amend this Agreement only by a written instrument signed by both parties.

  • Amendment of Lease This lease may be amended only by an instrument in writing signed by Landlord and Tenant.

  • Amendment; Assignment This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. Except for the Management Stockholder’s right to assign his or her rights under Section 4(a) or the Company’s right to assign its rights under Section 4(b), no party to this Agreement may assign any of its rights or obligations under this Agreement without the prior written consent of the other parties hereto.

  • Amendment of Bidding Documents 10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing addenda. 10.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all the purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum by cable to the Employer. 10.3 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2 below.

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