Amendment to Section 7.17 Sample Clauses

Amendment to Section 7.17. A. Section 7.17 of the Credit Agreement is hereby amended and restated in its entirety as follows:
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Amendment to Section 7.17. Section 7.17 of the Business Combination Agreement is hereby amended by adding the following as a new third sentence thereof: “As of the date of the Second Amendment, the assets (including Intellectual Property rights and contractual rights) of the Zacco Companies, taken together, are in all material respects adequate and sufficient for the operation of the business by the Zacco Companies as currently conducted, and from and immediately after the Divestiture Closing, the assets (including Intellectual Property rights and contractual rights) of the Zacco Companies, taken together, will be in all material respects adequate and sufficient for the operation of the business by the Zacco Companies as currently conducted.”.
Amendment to Section 7.17. Section 7.17(a) of the Credit Agreement is hereby deleted in its entirety and is replaced with the following:
Amendment to Section 7.17. A. Section 7.17 of the Credit Agreement is hereby amended and restated in its entirety as follows: “Holding Company. In the case of Holdings, engage in any business, activity or transaction or own any interest (fee, leasehold or otherwise) in any real property, or incur, assume, or suffer to exist any Indebtedness other than (a) the ownership of all outstanding Equity Interests in the Borrower, (b) maintaining its corporate existence, (c) participating in tax, accounting and other administrative activities as the parent of a consolidated group of companies, including the Borrower, (d) making Restricted Payments of amounts received by it pursuant to Section 7.06, and making Investments in the Borrower, (e) in respect of the execution and delivery of the Loan Documents to which it is a party and the performance of its obligations thereunder, (f) the execution and delivery of the Exchange Agreement and the performance of its obligations thereunder, (g) incurring Indebtedness consisting of an unsecured guarantee of the Indebtedness represented by the Convertible Senior Notes, (h) providing, and complying with its obligations in respect of, Permitted Guarantees, (i) (x) entering into Holdings Tax Equity Credit Support and (y) making Holdings Tax Equity Payments in an amount not to exceed, in the aggregate for all such Holdings Tax Equity Payments made by Holdings during the term of this Agreement, 10% of Holdings’ shareholders’ equity as reported in the most recent financial statements filed by Holdings with the SEC on Form 10-Q or Form 10-K, as applicable, (it being understood that Holdings may enter into Holdings Tax Equity Credit Support without regard to such 10% cap, but that actual payments made by Holdings with respect thereto are subject to such 10% cap) and (j) activities incidental to the businesses or activities described in clauses (a) through (i) of this Section.”
Amendment to Section 7.17. Section 7.17 is hereby amended and restated in its entirety to read as follows:
Amendment to Section 7.17. Section 7.17 of the Credit Agreement is hereby amended by adding the following immediately prior to the period at the end thereof: “: provided, that for the avoidance of doubt, the requirement in this Section 7.17 shall no longer apply after the Termination Date (as defined in the Sponsor Pledge Agreement).”

Related to Amendment to Section 7.17

  • 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 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:

  • Amendment to Section 5 04. Section 5.04 of the Credit Agreement is hereby amended and restated in its entirety to read 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 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:

  • 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 1 Section 1 of the Agreement is hereby amended to read in its entirety as follows:

  • Amendment to Section 2 1(a). Section 2.1(a) of the Existing Credit Agreement is amended 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:

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