Amendment to the Forbearance Agreement. Section A. 1 of the Forbearance Agreement is hereby amended as of the Amendment Effective Date (as defined below) by deleting the date “November 14, 2008” set forth in clause (a) thereof and substituting in lieu thereof the date “November 21, 2008”.
Amendment to the Forbearance Agreement. The Borrower, the Guarantors, Administrative Agent and the Lenders agree that the Forbearance Agreement will be amended as follows:
Amendment to the Forbearance Agreement. The Forbearance Agreement is hereby amended as follows:
(a) Amendment to Section 10(c)
Amendment to the Forbearance Agreement. A. Amendment to Section 3.A. Section 3.A of the Forbearance Agreement is ------------------------ hereby amended to delete the date "December 14, 2001" appearing in the sixth line thereof and substitute therefor the date "January 31, 2002".
Amendment to the Forbearance Agreement. A. Amendment to Section 3.A. The first sentence of Section 3.A of ------------------------ the Forbearance Agreement is hereby amended and restated in its entirety as follows: "Subject to the terms and conditions of this Agreement, including, without limitation, the provisions of Sections 4 and 5 of this Agreement, the Administrative Agent and the Lenders signatory hereto (the 'Forbearing Lenders') agree to forbear from taking Enforcement Actions in respect of the Obligations as a result of the Existing Events of Default for the period (the 'Forbearance Period') from the date hereof through and including the earlier of: (i) March 15, 2002; (ii) the date upon which the Borrower indicates, or the Administrative Agent determines in its sole discretion, that the Borrower is unable to consummate the Restructuring; or (iii) the date upon which any of the Forbearance Conditions is not satisfied or ceases to continue to be satisfied (the earlier of clause (i), (ii) or (iii) being referred to as the 'Forbearance Termination Date')."
B. Amendment to Section 5.A. Clause (3) of Section 5.A of the ------------------------ Forbearance Agreement is hereby amended to delete the date "January 31, 2002" appearing in the fifth line thereof and substitute therefor the phrase "the Forbearance Termination Date".
Amendment to the Forbearance Agreement. Amendment to Section 3.A. The first sentence of Section 3.A of the ------------------------ Forbearance Agreement is hereby amended and restated in its entirety as follows: "Subject to the terms and conditions of this Agreement, including, without limitation, the provisions of Sections 4 and 5 of this Agreement, the Administrative Agent and the Lenders signatory hereto (the 'Forbearing Lenders') agree to forbear from taking Enforcement Actions in respect of the Obligations as a result of the Existing Events of Default for the period (the 'Forbearance Period') from the date hereof through and including the earlier of: (i) March 29, 2002; (ii) the date upon which the Borrower indicates, or the Administrative Agent determines in its sole discretion, that the Borrower is unable to consummate the Restructuring; or (iii) the date upon which any of the Forbearance Conditions is not satisfied or ceases to continue to be satisfied (the earlier of clause (i), (ii) or (iii) being referred to as the 'Forbearance Termination Date')."
Amendment to the Forbearance Agreement. The Forbearance Agreement is hereby amended by deleting the date “January 1, 2012” from Section 10(h) thereof and substituting the date “January 1, 2013” therefor.
Amendment to the Forbearance Agreement. Amendment to Section 5.B. Clause (1) of Section 5.B of the ------------------------ Forbearance Agreement is hereby deleted in its entirety and the following new clause (1) substituted therefor:
(1) Any amount required to be applied as a mandatory prepayment of the Obligations pursuant to Sections 5A(1) and (2) of this Agreement shall be applied first, to Outstanding Professional Fees, second, to the ----- ------ extent of any remaining portion of such amount, to the Incurred Fees, third, to the extent of any remaining portion of such amount, to the ----- Forbearance Fee (as defined below), fourth, to the extent of any remaining ------ portion of such amount, to the Interest Forbearance Fee (as defined below), fifth, to the extent of any remaining portion of such amount, to ----- Outstanding Interest, and sixth, to the extent of any remaining portion of ----- such amount, to the Loans as set forth in Section 2.3(b)(iv) of the Credit Agreement. Each date for payment set forth in this Section 5 shall be referred to as a "Recapture Date". For the avoidance of doubt and notwithstanding anything herein to the contrary, the mandatory prepayment requirements of Section 2.3(b)(iii) of the Credit Agreement and the application of such mandatory prepayments as provided in Section 2.3(b)(iv) of the Credit Agreement shall remain in full force and effect, including, without limitation, the requirement that one hundred percent (100%) of Net Securities Proceeds from the issuance of any equity or Debt Securities of the Borrower shall be used by the Borrower to prepay the Loans."
Amendment to the Forbearance Agreement a. The Definition of "Forbearance Termination Date" contained in Section 1.2 of the Forbearance Agreement hereby is amended and restated in its entirety to read as follows:
Amendment to the Forbearance Agreement
