Amendment to Section 2.6(a). Section 2.6(a) of the Merger Agreement is hereby amended by replacing, in the definition of Merger Consideration set forth therein, the reference to “$2.85” with $3.00”.
Amendment to Section 2.6(a). The following proviso is inserted at the end of Section 2.6(a): “provided, however, that purchases of Malaysia Receivables shall be made solely by Deutsche Bank Malaysia subject, in each case, to compliance with the respective Obligor Limits for Tranche D Receivables and Deutsche Bank Malaysia shall only purchase Malaysia Receivables”.
Amendment to Section 2.6(a). Section 2.6(a) of the Loan Agreement is hereby amended by deleting Section 2.6(a) in its entirety and replacing it with the following:
Amendment to Section 2.6(a). Section 2.6(a) of the Merger Agreement is hereby amended by deleting “Merger Sub” and replacing such terms with “the Company.”
Amendment to Section 2.6(a). Section 2.6(a) of the Original Agreement is amended by inserting the following new sentence at the end thereof: “Any Advances prepaid pursuant to this Section 2.6(a) shall not reduce the Loan Commitment and, within the limits of such Loan Commitment, amounts of Advances so prepaid may be reborrowed pursuant to Section 2.1 hereof.”
Amendment to Section 2.6(a). The proviso appearing in Section 2.6(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: provided that no such reduction or termination shall be permitted if after giving effect thereto, and to any prepayments of the Revolving Loans made on the effective date thereof, (i) the Aggregate Revolving Exposure would exceed the (A) Revolving Committed Amount or (B) the Borrowing Base or (ii) the aggregate principal outstanding Dollar Equivalent of Foreign Currency Revolving Loans would exceed the Foreign Currency Sublimit, as reduced.
Amendment to Section 2.6(a). Section 2.6(a) of the Merger Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 2.6(a). Section 2.6(a) of the Agreement is hereby amended to read in its entirety as follows:
Amendment to Section 2.6(a). Section 2.6(a) of the Credit Agreement is hereby amended by deleting the text thereof and replacing it with the following: “[intentionally deleted].
Amendment to Section 2.6(a). Section 2.6(a) of the Agreement is hereby amended and restated in its entirety to read as follows: “At the Closing, Buyer will pay Seller an aggregate purchase price (the “Purchase Price”) of $20,000,000, less an amount equal to the sum of the Sign-On Bonus plus $54,833.54, subject to adjustment as described herein, in cash for the Purchased Assets plus the assumption of the Assumed Liabilities.”
