Amendments and Agreements. 1) Section 7.6 of the Original Agreement, “Extension Payment”, is hereby amended and restated in its entirety as follows:
Amendments and Agreements. I) In Section 1.1 of the Original Agreement, the definition of “Field” is hereby amended and restated in its entirety as follows:
Amendments and Agreements. (a) The Borrower shall not, directly or indirectly, terminate, cancel or suspend, or permit or consent to any termination, cancellation or suspension of, or enter into or consent to or permit an assignment of the rights or obligations of any party to, any material agreement to which it is a party and pertaining to the Business without receiving the prior written consent of the Bank.
(b) The Borrower shall not, directly or indirectly, amend, modify, supplement or waive, or permit or consent to the amendment, modification, supplement or waiver of, any of the provisions of, or give any consent under, any material agreement to which it is a party and pertaining to the Business without receiving the prior written consent of the Bank.
Amendments and Agreements. Lessee hereby acknowledges and agrees that as of the date hereof, Lessee has taken possession of the Sixth Expansion Premises pursuant to the terms of the Lease and that the Sixth Expansion Premises constitutes a part of the Building 14 Premises. Lessor acknowledges Lessee's payment of the January 1997 Basic Rental and Additional Rental.
Amendments and Agreements. 1. Effective as of the Initial Seventh Amendment Effective Date (as defined below), (A) Holdings, the Borrower and the Banks hereby agree to (i) amend Sections 4.02(b), (c) and (e) of the Credit Agreement by, in each case, deleting the date "January 7, 2003" appearing in the table set forth in said Sections and inserting the date "January 10, 2003" in lieu thereof and (ii) extend the Waiver Period referred to in paragraph 3 of the Sixth Amendment by deleting the date "January 7, 2003" appearing in said paragraph and inserting the date "January 10, 2003" in lieu thereof and (B) (i) the Total Tranche 3 Revolving Loan Commitment of $15,000,000 (and the Tranche 3 Revolving Loan Commitment of each Bank) shall be terminated in its entirety, and (ii) each Tranche 3 Guaranty shall terminate in its entirety.
2. Effective as of the Final Seventh Amendment Effective Date (as defined below), (i) the Total Revolving Loan Commitment shall be permanently reduced from $54,500,000 to $43,500,000, with the Revolving Loan Commitment (if any) of each Bank to be reduced pro rata based on the amount such Bank's Revolving Loan Commitment bears to the Total Revolving Loan Commitment, (ii) in substitution for the reductions set forth in clause (B)(i) of paragraph 1 of this Amendment and clause (i) of this paragraph 2, the Initial C Term Loan Banks party to this Amendment shall provide Initial C Term Loan Commitments (as defined after giving effect to this Amendment) in an aggregate amount of $35,000,000 (as set forth in Schedule I to the Credit Agreement (as in effect after giving effect to this Amendment)) and (iii) the proceeds received from Initial C Term Loans (as defined after giving effect to this Amendment) made in connection with the Initial C Term Loan Commitments shall be used, in part, to repay any Tranche 3 Revolving Loans then outstanding, and all other outstanding obligations under the Tranche 3 Revolving Loan Facility (including accrued interest and fees related thereto).
Amendments and Agreements. 1) In Section 2.4 of the Original Agreement, “Financing” (as modified by the First Amendment to said Agreement) is hereby amended and restated in its entirety as follows:
Amendments and Agreements. YA Global and the Company agree as follows:
Amendments and Agreements. 1.1. Section 9.6 of the Note Purchase Agreement shall be and is hereby amended in its entirety to read as follows:
Amendments and Agreements. The Loan Parties shall not, directly or indirectly, terminate, cancel or suspend, or permit or consent to any termination, cancellation or suspension of, or enter into or consent to or permit an assignment of the rights or obligations of any party to, any material agreement pertaining to the business of any Loan Party as currently conducted or as currently proposed to be conducted to which it is a party without receiving the prior written consent of the Lenders (which shall not be unreasonably withheld).
Amendments and Agreements. (A) Section 2(a)(i) of the Security Agreement is hereby deleted in its entirety and the following new Section 2(a)(i) is hereby inserted in lieu thereof: “Subject to the terms and conditions set forth herein and in the Ancillary Agreements, Laurus may make loans (the “Loans”) to Company from time to time during the Term which, in the aggregate at any time outstanding, will not exceed the lesser of (x) (I) the Capital Availability Amount minus (II) such reserves as Laurus may reasonably in its good faith judgment deem proper and necessary from time to time (the “Reserves”) and (y) an amount equal to (I) the Accounts Availability minus (II) the Reserves. The amount derived at any time from Section 2(a)(i)(y)(I) minus 2(a)(i)(y)(II) shall be referred to as the “Formula Amount”. Company shall execute and deliver to Laurus on the Closing Date a Minimum Borrowing Note and a Revolving Note evidencing the Loans funded on the initial funding date. From time to time thereafter, Company shall execute and deliver to Laurus immediately prior to the final funding of each additional $1,000,000 tranche of Loans allocated to any Minimum Borrowing Note issued by Company to Laurus after the date hereof (calculated on a cumulative basis for each such tranche) an additional Minimum Borrowing Note evidencing such tranche, substantially in the form of the Minimum Borrowing Note delivered by Company to Laurus on the Closing Date. Notwithstanding anything herein to the contrary, whenever during the Term the outstanding balance on the Revolving Note should equal or exceed $1,000,000 to the extent that the outstanding balance on Minimum Borrowing Note shall be less than or equal to $1,000,000 (the difference of $2,000,000 less the actual balance of the Minimum Borrowing Note, the “Available Minimum Borrowing”), such portion of the balance of the Revolving Note as shall equal the Available Minimum Borrowing shall be deemed to be simultaneously extinguished on the Revolving Note and transferred to, and evidenced by, the Minimum Borrowing Note.”
(B) Section 2(c) of the Security Agreement is hereby deleted in its entirety and the following new Section 2(c) is hereby inserted in lieu thereof:
