Amendment to Section 2.03(a). Section 2.03(a) of the Subordinated Indenture is hereby amended to read as follows:
(a) Prior to December 16, 2011, the Series 2004 Subordinated Bonds may not be sold, assigned, transferred or otherwise disposed in whole or in part.
Amendment to Section 2.03(a). Section 2.03(a) of the Original Merger Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Section 2.03(a). Section 2.03(a) of the Credit Agreement shall be amended by adding the phrase “and outstanding Swing Loans (if a participant in Swing Loans pursuant to Section 2.07(c) hereof)” after the term “LC Obligations” in the second sentence thereof, but leaving it the same in all other respects.
Amendment to Section 2.03(a). Section 2.03(a) of the Credit Agreement is hereby amended by deleting the words "amounts permitted to be outstanding pursuant to Section 2.01(c)" appearing in clause (ii) thereof and inserting in lieu thereof the words "Total Tranche A Commitment".
Amendment to Section 2.03(a). Section 2.03(a) is hereby deleted in its entirety and the following inserted in lieu thereof:
(a) Each of Seller and Purchaser shall take such actions as shall be necessary to properly nominate, schedule and confirm the delivery and receipt of Crude Oil subject to each Transaction at the relevant Delivery Location in each Delivery Month in compliance with applicable rules and regulations of the transporting Pipeline(s). Without limiting the foregoing, and to the extent the Delivery Location for a Transaction is on the Spearhead Pipeline, Seller shall assign to Purchaser, and Purchaser shall assume and accept, Seller's rights in the Crude Oil transportation tariff applicable to the Spearhead Pipeline and the associated portion of the Enbridge Pipeline that is located in the United States, such rights currently derived from CCPS Transportation, LLC’s (“CCPS”) Xxxxxx Xx. 00 on file with the Federal Energy Regulatory Commission, as supplemented, amended or replaced from time to time (the “CCPS Tariff”). Seller’s assignment and Purchaser's assumption of the foregoing rights shall be limited to the Batches involved in a Transaction and shall be evidenced by certificates acceptable as to form and substance by each of CCPS, Seller and Purchaser.
Amendment to Section 2.03(a). Section 2.03(a) is hereby amended by replacing the phrase “12:00 noon” with the phrase “3:00 p.m.”.
Amendment to Section 2.03(a). Section 2.03(a) of the Existing Loan and Security Agreement is hereby amended and restated in its entirety to read as follows:
(a) The Borrower may borrow hereunder on any Business Day during the Availability Period; provided that, the Borrower shall deliver to the Lender an irrevocable Notice of Borrowing (together with the Borrowing Base Certificate required pursuant to Section 5.02(a)(ii)), which Notice of Borrowing must be received by the Lender no later than 10:00 a.m. on the Business Day before the requested Funding Date. Each borrowing of Loans hereunder shall be in an amount equal to $1,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the then available Commitment is less than $1,000,000, such lesser amount).
Amendment to Section 2.03(a). Section 2.03(a) of the Financing Agreement is hereby amended and restated in its entirety to read as follows:
(a) The outstanding principal of the Term Loan shall be repayable in (i) 16 consecutive quarterly installments, on the last day of each March, June, September and December (each a "Scheduled Repayment Date"), commencing on December 31, 2014 and ending on September 30, 2018, each in an amount equal to $5,500,000, and (ii) one (1) payment on the Final Maturity Date in the amount necessary to repay in full the unpaid principal amount of the Term Loan. The outstanding principal of the Term Loan shall be repaid in full on the Final Maturity Date. The Borrower shall pay directly to each Lender its Pro Rata Share of each installment of principal of the Term Loan that is payable in accordance with this Section."
