Amendment to Loan and Security Agreement. The parties hereto agree to amend the Loan and Security Agreement as set forth in this SECTION 3.
Amendment to Loan and Security Agreement. The Loan and Security Agreement shall be amended by deleting in its entirety clause (k) of the definition of “Permitted Liens” in Section 13.1 of the Loan and Security Agreement and replacing it as follows:
Amendment to Loan and Security Agreement. This Second Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of December 31, 2020, by and among OXFORD FINANCE LLC, a Delaware limited liability company with an office located at 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx 00000 (“Oxford”), as collateral agent (in such capacity, “Collateral Agent”), the Lenders listed on Schedule 1.1 to the Loan Agreement (as defined below) or otherwise a party thereto from time to time including Oxford in its capacity as a Lender (each a “Lender” and collectively, the “Lenders”), PROMETHEUS BIOSCIENCES, INC., a Delaware corporation (“Parent”) and PROMETHEUS LABORATORIES INC., a California corporation, each with offices located at 0000 Xxxxxxx Xxxx Drive, San Diego, CA 92121 (individually and collectively, jointly and severally, “Borrower”).
Amendment to Loan and Security Agreement continued on following page] (signatures continued from previous page) GERBER FINANCE INC. By:/s/ Xxxxxxxx Xxxxxx Xxxxxxxx Xxxxxx President [Signature Page to Tenth Agreement of Amendment to Loan and Security Agreement]
Amendment to Loan and Security Agreement. The Company hereby represents and warrants to the Parent and Purchaser that on January 15, 2004, the Company and Xxxxx Fargo Foothill, Inc. (“Lender”) entered into an Eighth Amendment to, and Waiver and Consent Under, Loan and Security Agreement (“Eighth Amendment”) pursuant to which, among other things, the Lender waived all of the Company’s outstanding defaults under the Loan and Security Agreement between the Company and the Lender. As of the date hereof, after giving effect to the Eighth Amendment, no default or event of default exists and is continuing under the Loan and Security Agreement between the Company and the Lender. The Company had all requisite corporate power and authority to execute and deliver the Eighth Amendment and to consummate the transactions contemplated thereby. The execution and delivery of the Eighth Amendment and the consummation of the transactions contemplated thereby were duly and validly authorized and approved by the Company’s Board of Directors. The Eighth Amendment was duly and validly executed and delivered by the Company, and the Eighth Amendment constitutes a valid and binding agreement of the Company, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws of general application relating to or affecting the rights and remedies of creditors, and the application of general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Amendment to Loan and Security Agreement. Borrower: Ay Dxx Xxx LLC Date: June 3, 2021 THIS THIRTEENTH AMENDMENT TO LOAN AND SECURITY AGREEMENT is entered into between PACIFIC WESTERN BANK, a California state chartered bank (“ Bank”) and the borrower named above (“Borrower”). Bank and Borrower agree to amend the Loan and Security Agreement between them, dated January 13, 2015 (as amended, the “Loan Agreement”), as follows, effective as of April 1, 2021. (Capitalized terms used but not defined in this Amendment shall have the meanings set forth in the Loan Agreement.)
Amendment to Loan and Security Agreement. This Third Amendment to Loan and Security Agreement (this “Amendment”) is entered into as of June 23, 2020, by and among PACIFIC WESTERN BANK, a California state chartered bank (“Bank”), and PRECISION BIOSCIENCES, INC. and ELO LIFE SYSTEMS, INC. (individually and collectively, jointly and severally, “Borrower”).
Amendment to Loan and Security Agreement. The parties hereto have duly executed this First Amendment to Loan Agreement as of the date first above written. BORROWERS: XXXXXXXXXXXX COAL COMPANY, a Delaware corporationBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer XXXXXXXXXXXX ENERGY LLC, aDelaware limited liability company By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer XXXXXXXXXXXX - NORTH CAROLINA POWER, L.L.C., a Virginialimited liability company By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer WEI-ROANOKE VALLEY, INC., aDelaware corporation By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer BORROWERS: XXXXXXXXXXXX - ROANOKEVALLEY, L.P., a Delaware limitedpartnership By:WEI-Roanoke Valley, Inc. its general partner By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer XXXXXXXXXXXX PARTNERS, a Virginia general partnershipBy:Xxxxxxxxxxxx-Roanoke Valley, L.P.,its general partner By:WEI-Roanoke Valley, Inc., its general partner By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial OfficerBy: Xxxxxxxxxxxx-North Carolina Power, L.L.C., its general partnerBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer XXXXXXXXXXXX RESOURCES,INC., a Delaware corporationBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer BORROWERS: XXXXXXXXXXXX XXXXXXXX, INC., a Delaware corporationBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer XXXXXXXXXXXX COAL SALESCOMPANY, INC., a Delaware corporationBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer WRI PARTNERS, INC., a DelawarecorporationBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer WCC LAND HOLDING COMPANY, INC., a Delaware corporationBy: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Chief Financial Officer LENDER: THE PRIVATEBANK AND TRUSTCOMPANYBy: /s/ Xxxxx Xxxx Managing Director CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT This CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of January 22, 2014 (this “Amendment”), is entered into among XXXXXXXXXXXX COAL COMPANY, a Delaware corporation (“Xxxxxxxxxxxx Parent”), XXXXXXXXXXXX ENERGY LLC, a Delaware limited liability company (“Xxxxxxxxxxxx Energy”), XXXXXXXXXXXX - NORTH CAROLINA POWER, L.L.C., a Virginia limited liability company (“Xxxxxxxxxxxx NC”), WEI-ROANOKE VALLEY, INC., a Delaware corporation (“WEI”), XXXXXXXXXXXX - ROANOKE VALLEY, L.P., a Delaware limited partnership (“Xxxxxxxxxxxx Roanoke”), XXXXXXXXXXXX PARTNERS, a Virginia general partnership (“Xxxxx...
Amendment to Loan and Security Agreement. Upon the effectiveness of this Amendment as provided for in Section 4 below, the Loan and Security Agreement is hereby amended and modified in the following manner.
Amendment to Loan and Security Agreement. No amendment, modification or waiver of, or supplement to, any term of this Loan and Security Agreement shall be effective without written consent of both parties hereto; and no waiver or modification of the terms hereof shall alter or modify the provisions of this Section or Section 4.05 hereof. The party initiating such amendment, modification or waiver of, or supplement to, this Loan and Security Agreement shall send a copy of the final version of any such amendment, modification, waiver or supplement to Lessee.
