Amendment to Section 7.04 Sample Clauses

Amendment to Section 7.04. Sections 7.04(a) and (b) are hereby amended in its entirety to read as follows: (a) Oasis Petroleum LLC has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (1) as of and for the fiscal year ended December 31, 2008, reported on by PricewaterhouseCoopers LLP, independent public accountants, and (2) as of and for the fiscal quarter and the portion of the fiscal year ended September 30, 2009, certified by its chief financial officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of Oasis Petroleum LLC and its consolidated subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the unaudited quarterly financial statements. (b) Since December 31, 2008, (i) there has been no event, development or circumstance that has had or could reasonably be expected to have a Material Adverse Effect except, with respect only to events or circumstances contemplated by clause (a) of the definition of “Material Adverse Effect”, for the Initial Public Offering or actions undertaken in preparation of or in connection with the Initial Public Offering and (ii) the business of the Parent, the Borrower and the Subsidiaries has been conducted only in the ordinary course, in all material respects, consistent with past business practices.
AutoNDA by SimpleDocs
Amendment to Section 7.04. Section 7.04 of the Credit Agreement is hereby amended by amending and restating clause (e) of such section in its entirety as follows:
Amendment to Section 7.04. With respect to the Notes and not to any other Securities that may be issued from time to time under the Indenture (unless specified in a supplemental indenture pertaining to such Securities), Section 704 of the Indenture is hereby amended and restated in its entirety to read as follows:
Amendment to Section 7.04. (a) Clause (b) of Section 7.04 is hereby amended and restated in its entirety to read as follows: (b) any Excluded Subsidiary may (i) dispose of all or substantially all its assets (including any Disposition that is in the nature of a liquidation) as set forth in Section 7.05(e), (ii) so long as no Default or Event of Default exists or would result therefrom, merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it in connection with a System Refinancing, so long as the surviving [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. entity is an Excluded Subsidiary or (iii) so long as no Default exists or would result therefrom, merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it in connection with a Tax Equity Commitment, Backlever Financing or Solar Bonds Financing, in each case so long as the Tax Equity Commitments Backlever Financings or Solar Bonds Financing of such Excluded Subsidiary are not included in the calculation of Available Take-Out and the exclusion of such Tax Equity Commitments, Backlever Financings or Solar Bonds Financing from the calculation of Available Take-Out does not result in a Borrowing Base Deficiency;
Amendment to Section 7.04. Section 7.04 of the Credit Agreement is hereby amended by deleting such Section in its entirety and inserting the following in lieu thereof:
Amendment to Section 7.04. Section 704 of the Indenture (Reports by Company) is hereby amended and restated with respect to the Notes to read in its entirety as follows:

Related to Amendment to Section 7.04

  • Amendment to Section 1.01 Section 1.01 of the Credit Agreement shall be amended as follows: (a) The following definitions shall be added to Section 1.01 of the Credit Agreement in the appropriate alphabetical order:

  • Amendment to Section 10.3. Section 10.3 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:

  • Amendment to Section 9 04(a). Section 9.04(a) is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 8 22. Section 8.22 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment to Section 13 Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”

  • Amendment to Section 10 1. Section 10.1 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:

  • Amendment to Section 12 19. Section 12.19 is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 7 02. Section 7.02(c) of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 6 1. Section 6.1 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendment to Section 4 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!