Amendment to Section 6.02. Section 6.02 of the Credit Agreement is hereby amended as of the Second Amendment Effective Date as follows:
(a) Clause (d) of Section 6.02 of the Credit Agreement is hereby amended by amending and restating in its entirety subclause (ii) of the last proviso of such clause as follows:
Amendment to Section 6.02. Section 6.02 of the Credit Agreement is hereby amended to:
(a) amend and restate clause (e) therein which shall read in full as follows:
Amendment to Section 6.02. Section 6.02 of the Merger Agreement is hereby amended to include at the end of such Section 6.02 the following sentence: As of the Closing Date, Hightimes hereby represents and warrants that (i) the Hightimes Stock Split has not been consummated; and (ii) each of the Merger Shares is valued at $11.00 per share.
Amendment to Section 6.02. Section 6.02 of the Credit Agreement is hereby amended by (i) removing “and” at the end of clause (i) of such section, (ii) replacing the period at the end of clause (j) of such section with “; and”; and (iii) adding the following clause (k) directly after clause (j) of such section as follows:
Amendment to Section 6.02. Section 6.02 of the Credit Agreement is hereby amended to add a new clause (f) in appropriate alphabetical order thereto, which shall read in full as follows:
Amendment to Section 6.02. Section 6.02 is amended by adding the following clause (o):
Amendment to Section 6.02. Section 6.02 of the Credit Agreement is amended by inserting “Xxxxxx,” before the words “each Borrower” in each place where they occur therein.
Amendment to Section 6.02. (Other Information and Inspections) of the Existing Credit Agreement is amended by adding the following sentence after the first sentence thereof: “The Borrower will furnish to the Administrative Agent (a) within 15 days of becoming aware, the details of any inquiry, claim, action, suit, proceeding or investigation pursuant to any Sanctions against it, any of its Subsidiaries, or any of their respective directors, officers or employees, as well as information on what steps are being taken with regards to answer or oppose such, and (b) within 15 days of becoming aware, any information that it, any of its Subsidiaries, or any of their respective directors, officers or employees has become or is likely to become a Sanctioned Person.”
Amendment to Section 6.02. Section 6.02 of the Credit Agreement is hereby amended as of October 15, 2005 by deleting the number “$5,000,000” in clause (i) thereof and inserting “$6,000,000” in its place.
