Amendment to Section 9.4 Clause Samples
Amendment to Section 9.4. Section 9.4 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 9.4. Section 9.4 of the Agreement is hereby amended by deleting the same in its entirety and substituting therefor the following:
Amendment to Section 9.4. Section 9.4 of the Agreement shall be amended to read in its entirety as follows: “Expiration or termination of this Agreement (including under Section 2.5) for any reason shall not release either Party from any obligation or liability which, at the time of such expiration or termination, has already accrued to the other Party or which is attributable to a period prior to such expiration or termination. The following Sections and Articles shall survive the expiration or termination of this Agreement for any reason: Sections 2.4, 2.5, 2.6, 4.1.5, Article 5, Article 7, Article 8, Article 9, and Article 10.”
Amendment to Section 9.4. Section 9.4 of the Original Agreement is hereby amended and restated to add the phrase “and beyond” after the phrase “(Phase II or III”.
Amendment to Section 9.4. Section 9.4(b) of the Loan Agreement is hereby deleted in its entirety and replaced as follows:
Amendment to Section 9.4. Section 9.4 (Exclusivity) of the Agreement shall be deleted in its entirety.
Amendment to Section 9.4. Section 9.4 of the Loan Agreement is hereby amended by replacing the period at the end of clause (i) thereof with the phrase “, and”, and by adding the following new clause (j) to the end of said Section 9.4:
Amendment to Section 9.4. Section 9.4 of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 9.4. Section 9.4 of the Original Agreement is hereby amended as follows:
(i) The third sentence of Section 9.4(a) is hereby deleted and void in its entirety.
(ii) The following shall be added to the end of Section 9.4 as a new Section 9.4(e):
Amendment to Section 9.4. Section 9.4(a) of the Existing Credit Agreement is hereby amended by adding the following:
(a) Be or become liable in respect of any Guarantee Obligation except (i) Guarantee Obligations in connection with the Senior Subordinated Notes, (ii) ITT Guarantees from time to time outstanding having a maximum liability at any one time outstanding not to exceed $2,000,000, and (iii) other Guarantee Obligations (A) that could otherwise have been incurred in the ordinary course of business but for the provisions of this Section 9.4(a), and (B) for which written consent from the Administrative Agent has been obtained, which consent will not be unreasonably withheld.”