Amendment to Mortgage. On or before January 24, 2020 the Borrower shall have delivered to the Administrative Agent an executed amendment to the Mortgage in form and substance satisfactory to the Administrative Agent, which amendment shall increase the amount of indebtedness secured thereby to $11,000,000.
Amendment to Mortgage. The Mortgage is modified to secure the Note as hereby modified and is deemed amended to conform to the terms and provisions hereof and the amendments and modifications to the Loan and Loan Documents effected hereby. New Borrower hereby assumes and accepts all responsibilities, liabilities and obligations of Original Borrower under the Mortgage.
Amendment to Mortgage. The Mortgage is hereby amended to reflect the resignation of Societe Generale as Administrative Agent and its replacement in such capacity by Bank One, NA as successor Administrative Agent under the Credit Agreement, as amended, and pursuant to the terms of the Agency Assignment Agreement dated as of June 29, 2001 as follows:
a. The introductory paragraph of the Mortgage is hereby amended by deleting "SOCIETE GENERALE, whose address is 1221 Avenue of the Americas, New York, New York 10020" and substituting "BANK ONE, NA, whose addxxxx xx [000 Xxxxxxxx Xxenue, Detroit, MI 48226]" in place thereof.
x. Xxx xxxxxxxxxx xx xxx Xxxxxxxx to Mortgagee are henceforth deemed to be references to Bank One, NA, as Mortgagee.
Amendment to Mortgage. The Mortgage is hereby amended to reflect the resignation of Societe Generale as Administrative Agent and its replacement in such capacity by Bank One, NA as successor Administrative Agent under the Credit Agreement, as amended, and pursuant to the terms of the Agency Assignment Agreement dated as of June 29, 2001 as follows:
a. The introductory paragraph to the Mortgage is hereby amended by deleting "SOCIETE GENERALE, whose address is 1221 Avenue of the Americas, Xxx Xxxx, Xxx Xxxx 00000" and substituting "BANK ONE, NA, whose address is [611 Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000]" in place thereof.
b. All references to in the Mortgage to Beneficiary are henceforth deemed to be references to Bank One, NA, as Beneficiary.
Amendment to Mortgage. Assignment and Security Agreement, Assignment of Leases and Rents and Collateral Assignment of Permits, Licenses, Approvals and Contracts;
Amendment to Mortgage. Section 1. So long as any of the Bonds of the Twenty-seventh Series are Outstanding, Section 86 of the Mortgage is amended by adding at the end thereof the following additional sentences: For the avoidance of any doubt, it is expressly stated that in the event that a successor corporation (having succeeded to and having been substituted for the Company in accordance with this Section 86) shall exercise any right under this Indenture (whether as to the issuance of additional bonds (including, without limitation, the Bonds of the Twenty-seventh Series), the withdrawal of cash, the release of property, the taking of credit under Section 39 or Section 40 hereof, or otherwise) and a Net Earning Certificate shall be required by the terms of this Indenture in connection therewith, the "Adjusted Net Earnings of the Company" shall be, and shall be stated in such Net Earning Certificate to be, the lesser of (A) the amount (for the applicable period selected in accordance with paragraph (A) of Section 7 of this Indenture) determined in accordance with paragraph (A) of Section 7 of this Indenture (and the other provisions of such Section 7 that are relevant to such paragraph) on the basis of (i) the items set forth in clauses (1), (2), (4) and (6) of paragraph (A) of such Section 7 being such portions of such items of such successor corporation as are reasonably allocated by such successor corporation to or from the Mortgaged and Pledged Property as a plant or plants and an operating system or operating systems (and if, on the date of a Net Earning Certificate, such successor corporation shall be a party to any other general or first mortgage indenture and deed of trust relating to property other than the Mortgaged and Pledged Property and the lien of such other mortgage indenture and deed of trust shall not have been discharged, such reasonable allocation shall be in a manner consistent with the manner of allocation utilized and/or to be utilized by such successor corporation in making calculations of the "Adjusted Net Earnings of the Company" (or other comparable term) under and as defined in such other mortgage indenture and deed of trust), (ii) the item set forth in clause (8) of paragraph (A) of such Section 7 being calculated without regard to income (net) derived from any electric and/or gas utility business of the successor corporation in which the Mortgaged and Pledged Property is not utilized (but otherwise in accordance with such Section 7), and (iii) the i...
Amendment to Mortgage. On or before December 1, 1998, Borrower shall execute and deliver to Bank a Second Amendment to Mortgage in the form of Exhibit D attached hereto."
vi) The Repayment Agreement is hereby amended by adding a new subsection 5(i) as follows:
Amendment to Mortgage. Security Agreement, Fixture Filing and Assignment of Rents and Leases dated as of December 19, 2006, by Mortgage Borrower to Mortgage Loan Administrative Agent.
Amendment to Mortgage. On or before January 31, 1999, Borrower shall execute and deliver to Bank a Third Amendment to Mortgage in the form of Exhibit D attached hereto."
