Amendment to the Investment Agreement. Section 2.2 of the Investment Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to the Investment Agreement. The Company and the Commitment Parties hereby agree to amend the Investment Agreement as follows:
(a) Clause (a) of the fifth recital in the Investment Agreement is hereby deleted in its entirety and replaced with the following: “through NSNCo, issue and sell $880,000,000 of new senior secured notes on the terms set forth in the New Secured Notes Term Sheet and the Indenture (the “New Secured Notes”) to the Debt Commitment Parties (including any respective Ultimate Purchasers) and under certain circumstances set forth in the Plan, to certain other eligible holders of General Unsecured Claims pursuant to the Debt Rights Offering; and”
(b) The following definition of “Ad Hoc Group” will be added to the Investment Agreement in Section 1.1 immediately following the end of the definition of Acquired Equity Securities Per Share Purchase Price:
Amendment to the Investment Agreement a. The Investment Agreement is hereby amended to DELETE in its entirety the definition of Purchase Price and contemporaneously the Investment Agreement is hereby amended to INSERT the following sentence as the amended definition of Purchase Price:
Amendment to the Investment Agreement a. The Investment Agreement is hereby amended to DELETE in its entirety Section 4 (D) and contemporaneously the Investment Agreement is hereby amended to INSERT the following paragraph as the amended Section 4 (D):
Amendment to the Investment Agreement. (a) Effective as of the Second Amendment Effective Date, Section 4.02(a) of the Existing Investment Agreement is hereby amended and restated to read as follows:
Amendment to the Investment Agreement. As of the date hereof, the first sentence of Section 6.1(a) of the Investment Agreement is hereby amended and restated in its entirety as set forth below:
(a) From and after the Closing and until the earlier to occur of (x) the relevant Purchaser no longer owning any Purchased Shares and (y) the consummation of an IPO, the Company shall deliver to such Purchaser the following information (collectively, “Company Information”):”
Amendment to the Investment Agreement. The Parties hereby agree to the following amendment to the Investment Agreement:
Amendment to the Investment Agreement. The Parties agree that, as soon as practicable after the date of this binding MOU, but in no event later than August 14, 2017, the Parties shall enter into the Second Amendment Agreement reflecting the terms herein, together with any corresponding and necessary changes.
Amendment to the Investment Agreement. Effective as of the Amendment Effective Date, the Existing Investment Agreement is hereby amended as follows, such that all of the newly inserted double underlined text (indicated textually in the same manner as the following example: double-underlined text) shall be deemed to be inserted and all stricken text (indicated textually in the same manner as the following example: stricken text) shall be deemed to be deleted therefrom:
(a) Clause (iv)(z) of the second proviso to Section 6.07 is hereby deleted and replaced in its entirety by the following:
(z) to a any lender, administrative agent or collateral agent in connection with a Permitted Loan.
Amendment to the Investment Agreement. The parties hereby agree to amend Section 5(a) by deleting the first sentence of Section 5(a) and replacing it with the following:
