Amendment to Section 4.3. Section 4.3 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 4.3. 2 of the License Agreement. Section 4.3.2 of the License Agreement is hereby amended by replacing the first instance of the word “In” therein with the following: “Subject to the provisions of Section 10.11, in”.
Amendment to Section 4.3. Section 4.3 of the Credit Agreement is hereby deleted in its entirety, and the following substituted therefor:
Amendment to Section 4.3. Section 4.3(a) of the Agreement is hereby amended and restated in its entirety as follows:
(a) Each of the SXL Entities has all necessary power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby, including the Merger, the GP Merger and the adoption of the Amended SXL Partnership Agreement. The execution, delivery and performance by the SXL Entities of this Agreement, and the consummation of the transactions contemplated hereby, including the Merger, the GP Merger and the adoption of the Amended SXL Partnership Agreement have been duly authorized and approved by the SXL GP Board, which, at a meeting duly called and held, has, on behalf of SXL, SXL GP, SXL Merger Sub and SXL Merger Sub LP, unanimously approved and declared advisable this Agreement and the transactions contemplated hereby, including the Merger, the GP Merger and the adoption of the Amended SXL Partnership Agreement, and no other entity action on the part of the SXL Entities is necessary to authorize the execution, delivery and performance by the SXL Entities of this Agreement and the consummation of the transactions contemplated hereby, including the Merger, the GP Merger and the adoption of the Amended SXL Partnership Agreement. This Agreement has been, and the Amended SXL Partnership Agreement will be, duly executed and delivered by the applicable SXL Entities and, assuming due authorization, execution and delivery of this Agreement by the other parties hereto, this Agreement constitutes, and the Amended SXL Partnership Agreement will constitute, a legal, valid and binding obligation of each of the applicable SXL Entities, enforceable against each of them in accordance with its terms.”
Amendment to Section 4.3. Section 4.3 of the Credit Agreement is hereby amended by deleting the words “(but subject to Section 2.16)” from Subsection 4.3(c).
Amendment to Section 4.3. Section 4.3(a) of the Agreement is hereby amended by amending and restating the third sentence of such section as follows: “The Board of Directors of Parent has unanimously resolved to recommend (the “Parent Recommendation”) that Parent’s shareholders authorize and approve the issuance of shares of Parent Common Stock in connection with the Merger (the “Stock Issuance”) and the other Transactions and adopt an amendment to Parent’s articles of incorporation providing for an increase in the authorized capital stock of Parent to 495,000,000 shares (the “Charter Amendment”), and such resolutions have not been subsequently rescinded, modified or withdrawn in any way.”
Amendment to Section 4.3. Section 4.3 of the Existing Credit Agreement is hereby amended by replacing the text “Prior to October 31, 2018, the” therein with “The”.
Amendment to Section 4.3. (a) The second sentence of Section 4.3(a) of the Original Agreement shall be amended by deleting the words “by Merger Sub and Parent, as the sole managing member of Merger Sub, and”.
(b) Section 4.3 of the Original Agreement shall be amended by deleting Section 4.3(c) in its entirety and replaced with the word “Reserved”.
Amendment to Section 4.3. Section 4.3 of the Original Agreement, as amended by the First Amendment, is hereby deleted in its entirety and replaced with the following:
Amendment to Section 4.3. Section 4.3 of the Security Agreement is hereby amended as of the Effective Date by amending and restating such section in its entirety as follows:
