Amendment to Reimbursement Agreement. Each of the parties hereto agrees that, effective on the Amendment No. 1 Effective Date (as defined below), the Reimbursement Agreement shall be amended as follows:
(a) Section 5.07(a) of the Reimbursement Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Reimbursement Agreement. Each of the parties hereto agrees that, effective on the Amendment No. 3 Effective Date (as defined below), the Reimbursement Agreement shall be amended as follows:
(a) the Reimbursement Agreement (including the exhibits thereto) is hereby amended in its entirety to read in the form Exhibit A attached hereto.
Amendment to Reimbursement Agreement. Each of the parties hereto agrees that, effective on the Amendment No. 2 Effective Date (as defined below), the Reimbursement Agreement shall be amended as follows:
(a) the Reimbursement Agreement (including the exhibits thereto) is hereby amended in its entirety to read in the form Exhibit A attached hereto;
(b) Schedule I of the Reimbursement Agreement is hereby amended by deleting such schedule in its entirety and replacing it with Schedule I attached hereto;
(c) Schedule II of the Reimbursement Agreement is hereby amended by deleting such schedule in its entirety and replacing it with Schedule II attached hereto; and
(d) Schedule III of the Reimbursement Agreement is hereby amended by deleting such schedule in its entirety and replacing it with Schedule III attached hereto.
Amendment to Reimbursement Agreement. 2.1 Section 2(a)(ii) of the Reimbursement Agreement is hereby amended and restated in its entirety as set forth below: “Company shall pay to Disbursing Agent, for the account of LC Provider, the Letter of Credit Fee (as defined below), which shall be due and payable quarterly beginning on August 2, 2021 and thereafter on each three month anniversary thereof for so long as the Credit remains outstanding; provided, that any Letter of Credit Fee that would otherwise be due and payable during the Closing Period, shall accrue and become payable and be paid on the date that the Closing Period terminates (for the avoidance of doubt, any such accrued Letter of Credit Fee and any other amounts then due with respect to the Letter of Credit Fee will be paid upon Closing (as such term is defined in the Purchase Agreement)); provided further that the Company shall provide no less than two (2) Business Days prior written notice to the Disbursing Agent and the Calculation Agent of the date of Closing. The Letter of Credit Fee shall be fully earned when paid and shall not be refundable for any reason whatsoever. Calculation Agent shall determine the Letter of Credit Fee one Business Day prior to the date it is required to be paid and shall notify Disbursing Agent and Company of such amount on such determination date;”
2.2 Section 2(a)(iii) of the Reimbursement Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything to the contrary set forth herein, any Equity Fee that would otherwise be due and payable during the Closing Period, shall accrue and become payable and be paid on the date that the Closing Period terminates (for the avoidance of doubt, any such accrued Equity Fee and any other amounts then due with respect to the Equity Fee will be paid upon Closing (as such term is defined in the Purchase Agreement));”
2.3 Section 2(a)(iv) of the Reimbursement Agreement is hereby amended and restated in its entirety as set forth below:
Amendment to Reimbursement Agreement. Section 5.02(e) is amended in its entirety to read as follows:
Amendment to Reimbursement Agreement. The Disbursing Agent, the Calculation Agent and LC Provider shall have received a duly executed and delivered Amendment No. 1 to Amended and Restated Reimbursement Agreement, in form and content acceptable to the Disbursing Agent, the Calculation Agent and the LC Provider.
Amendment to Reimbursement Agreement. (a) Section 1(b) of the Reimbursement Agreement is hereby amended by amending the following defined terms in their entirety to provide as follows:
Amendment to Reimbursement Agreement. The Revolving Lender and Term Loan Agent shall have received a duly executed and delivered Amendment to Reimbursement Agreement, in form and content acceptable to the Revolving Lender and Term Loan Agent.
Amendment to Reimbursement Agreement. Section 2.2(c) of the Reimbursement Agreement is amended and restated in its entirety to read as follows: 2 “
Amendment to Reimbursement Agreement. Subject to the satisfaction of the conditions set forth in Section 2 hereof, Section 3(b)(ii) of the Reimbursement Agreement is hereby amended by deleting the phrase "Maximum Credit Amount" in its entirety and substituting therefor the new phrase "Maximum Drawing Amount".
