Amendment to Section 6.18 Sample Clauses
The "Amendment to Section 6.18" clause serves to modify or update the terms originally set out in Section 6.18 of an agreement. This amendment may involve changing specific obligations, deadlines, or procedures previously established, such as adjusting reporting requirements or altering the scope of a party's responsibilities. By formally documenting these changes, the clause ensures that all parties are aware of and agree to the revised terms, thereby maintaining clarity and preventing disputes over the applicable obligations.
Amendment to Section 6.18. Section 6.18 of the Credit Agreement is amended and restated in its entirety to read as follows:
Amendment to Section 6.18. Section 6.18 of the Credit Agreement is hereby deleted in its entirety and replaced by the following:
Amendment to Section 6.18. Section 6.18 of the Credit Agreement, “Indemnity”, is hereby amended and modified by deleting such section in its entirety and by substituting the following in lieu thereof:
Amendment to Section 6.18. 2. Section 6.18.2 is hereby amended to replace the phrase “3.65 to 1.00” with the phrase “5.00 to 1.00”.
Amendment to Section 6.18. 3. Section 6.18.3 is hereby amended and restated as follows:
Amendment to Section 6.18. The second sentence of Section 6.18 of the Credit Agreement is amended and restated in its entirety to read in full as follows: “All Hedging Agreements shall be (i) entered into in the ordinary course of business consistent with prudent industry practices, not speculative in nature and for the sole purposes of (a) procuring supply and/or (b) protecting the Credit Parties against fluctuations in interest rates, foreign exchange rates, or commodities prices, or (ii) assumed in connection with a Permitted Acquisition; provided any renewal, extension or replacement of any such assumed Hedging Agreement shall comply with the requirements of clause (i) of this Section 6.18.”
Amendment to Section 6.18. Section 6.18 of the Agreement is hereby amended in its entirety to hereafter read as follows:
Amendment to Section 6.18. Section 6.18 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: As of the Closing Date, the real property listed on Schedule 6.18 constitutes all of the real property that is owned, leased, subleased or used by any Credit Party or any of its Subsidiaries (other than leased real property with no improvements thereon). Each of such leases and subleases is valid and enforceable in accordance with its terms and is in full force and effect, and no default by any party to any such lease or sublease exists other than such defaults that could not reasonably be expected to have a Material Adverse Effect. Each Credit Party and each Subsidiary thereof has such title to the real property owned or leased by it as is necessary or desirable to the conduct of its business and valid and legal title to all of its personal property and assets, except those which have been disposed of by the Credit Parties and their Subsidiaries subsequent to such date which dispositions have been in the ordinary course of business or as otherwise expressly permitted hereunder.
Amendment to Section 6.18. Section 6.18 of the Agreement is hereby amended and restated in its entirety to read as follows: Subject to the terms and conditions of the Purchaser Charter upon Domestication and the Purchaser Bylaws upon Domestication:
(a) The Parties shall take all such action within their power as may be necessary or appropriate so that effective as of the Closing, the Purchaser’s board of directors (the “Post-Closing Purchaser Board”) will not be classified as to term and will initially consist of the individuals listed on Schedule 6.18(a) to this Agreement (Directors of the Post-Closing Purchaser Board), one of whom will be appointed as initial chairperson of the Post-Closing Purchaser Board, one of whom will be appointed as initial chairperson of the audit committee and one of whom will be appointed as initial chairperson on the compensation committee as set forth on Schedule 6.18(a) (the “Designated Directors”). To the extent any Designated Director declines to serve, is unable to serve, or is anticipated to fail to meet the applicable independence and other requirements of Nasdaq and SEC rules (as mutually determined by the Company and the Purchaser with the advice of counsel), the Company and the Purchaser shall mutually agree upon a replacement individual to serve as a director on the Post-Closing Purchaser Board. The Purchaser shall use its reasonable best efforts to obtain resignations effective as of Closing from the directors of the Purchaser that are not to remain directors on the Post-Closing Purchaser Board.
(b) The Parties agree that (i) their mutual intent is that the initial offices and committees of the Post-Closing Purchaser Board, and certain initial actions of the Post-Closing Purchaser Board, will be as set forth on Schedule 6.18(b) (Designations and Appointments of the Post-Closing Purchaser Board) subject to the limitations therein, and (ii) they will use commercially reasonable efforts to prepare mutually agreeable written resolutions implementing such designations and appointments for the Post-Closing Purchaser Board to consider and, if thought fit, to adopt immediately following the Closing (or as soon thereafter as the Post-Closing Purchaser Board determines), provided, that each of the Parties acknowledges and agrees that such designations, appointments and actions (including with respect to clause (i) and (ii) above) shall be made by the Post-Closing Purchaser Board in its sole and absolute discretion.
(c) At or prior to the Closing, the ...
Amendment to Section 6.18. Section 6.18 of the Loan Agreement is hereby amended and restated in its entirety to provide as follows: