Amendments and Supplementary Provisions Sample Clauses

Amendments and Supplementary Provisions. 4.1. Bridge and Follow-on Financing. Notwithstanding anything contained in the Financing Agreements and/or Additional Financing Agreements the contrary, Laurus hereby acknowledges that Companies shall be permitted, during the Forbearance Period, to incur additional indebtedness for borrowed money and/or Parent may sell or issue its equity securities following the date hereof and such incurrence and/or issuance, as applicable, shall not constitute an Event of Default under the Financing Agreements and/or the Additional Financing Agreements so long as prior to the incurrence of any such additional indebtedness all such indebtedness and all attendant security interests and liens are subordinated in favor of and on terms and pursuant to such documentation reasonably acceptable to Laurus. Laurus hereby waives the right of first refusal provisions of Section 13(u) of the Security Agreement with respect to bridge and follow-on financing contemplated by this Section 4.1.
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Amendments and Supplementary Provisions. 4.1 U.S. Trucking Promissory Note. (a) On or prior to November 29, 2000, to evidence U.S. Trucking's Obligations to Lender (including the obligations under the GE Capital-CEF Agreements (as defined in Section 7.13 below)), U.S. Trucking shall execute and deliver a Promissory Note (the "Trucking Note") in the original principal amount of the Obligations outstanding as of November 27, 2000 (such Obligations, together with all other Obligations accruing under the Financing Agreements after November 27, 2000, collectively, the "Trucking Obligations"). The execution and delivery of the Trucking Note, which shall be dated as of the date hereof, shall not relieve or discharge the Borrowers or any other Credit Party (including U.S. Trucking) from their respective joint and several obligations to repay the Obligations to Lender. The Trucking Note shall provide that Trucking's Obligations shall be repaid in thirty-six (36) consecutive monthly installments, of which the first three (3) installments shall each be in the amount of $25,000, the next thirty-two (32) installments shall each be in the amount of 1/60th of the sum of the principal amount of the Trucking Obligations outstanding as of April 1, 2001 plus all unpaid interest which has accrued as of April 1, 2001, plus the amount of interest that shall accrue through December 31,2001 based upon the interest rate in effect as of April 1, 2001 (it being expressly understood and agreed that the interest which shall accrue from April 1, 2001 through December 31, 2001 shall be adjusted on a monthly basis based upon the Index Rate in effect from time to time), and the last and thirty-sixth (36th) installment shall be due and payable on December 1, 2003 in an amount equal to the entire unpaid balance (including all principal, interest, fees, costs and expenses)of the Trucking Note. Each installment shall be paid on the first (1st) day of each month, commencing on January 1, 2001. All Obligations evidenced by the Trucking Note shall be immediately due and payable upon the occurrence of a Termination Event (as defined in Section 5.4 below).
Amendments and Supplementary Provisions 

Related to Amendments and Supplementary Provisions

  • Amendments and Supplements The Company shall prepare and file with the Commission such amendments, including post-effective amendments, and supplements to such Registration Statement and the prospectus used in connection therewith as may be necessary to keep such Registration Statement effective and in compliance with the provisions of the Securities Act until all Registrable Securities and other securities covered by such Registration Statement have been disposed of in accordance with the intended method(s) of distribution set forth in such Registration Statement or such securities have been withdrawn.

  • Supplementary Provisions 15.1 This Agreement is executed in two original copies and each Party shall keep one.

  • Supplements and Amendments; Whole Agreement This Warrant may be amended or supplemented only by an instrument in writing signed by the parties hereto. This Warrant contains the full understanding of the parties hereto with respect to the subject matter hereof and thereof and there are no representations, warranties, agreements or understandings other than expressly contained herein and therein.

  • Supplements and Amendments This Agreement may be amended by the Depositor and the Owner Trustee, without the consent of any of the Noteholders or the Certificateholder, to cure any ambiguity, to correct or supplement any provisions in this Agreement or for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions in this Agreement or of modifying in any manner the rights of the Noteholders or the Certificateholder; provided, however, that such action shall not, as evidenced by an Opinion of Counsel, adversely affect in any material respect the interests of any Noteholder or the Certificateholder, provided further that 10 days’ (or, in the case of Fitch, 10 Business Days’) prior written notice of any such amendment be made available to each Rating Agency by the Administrator and, if Moody’s notifies the Owner Trustee that such amendment will result in a downgrading or withdrawal of the then-current rating of any class of the Notes, such amendment shall become effective with the consent of the Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Notes; provided further that any solicitation of such consent shall disclose the downgrading or withdrawal that would result from such amendment. This Agreement may also be amended from time to time by the Depositor and the Owner Trustee, with prior written notice made available to the Rating Agencies by the Administrator, with the consent of the Holders of Notes evidencing not less than a majority of the Outstanding Amount of the Notes and the consent of the Certificateholder (which consents will not be unreasonably withheld) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Noteholders or the Certificateholder; provided, however, that no such amendment shall (a) increase or reduce in any manner the amount of, or accelerate or delay the timing of, collections of payments on Receivables or distributions that shall be required to be made for the benefit of the Noteholders or the Certificateholder or (b) reduce the aforesaid percentage of the Outstanding Amount of the Notes required to consent to any such amendment or eliminate the consent of the Certificateholder to any such amendment, without the consent of the holders of all the outstanding Notes and the Certificate. Promptly after the execution of any such amendment or consent, the Owner Trustee shall furnish written notification of the substance of such amendment or consent to the Certificateholder, the Indenture Trustee and the Administrator, which shall make such notification available to each of the Rating Agencies. It shall not be necessary for the consent of the Certificateholder, the Noteholders or the Indenture Trustee pursuant to this Section to approve the particular form of any proposed amendment or consent, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution of any amendment to the Certificate of Trust, the Owner Trustee shall cause the filing of such amendment with the Secretary of State. Prior to the execution of any amendment to this Agreement or the Certificate of Trust, the Owner Trustee shall be entitled to receive and rely upon an Opinion of Counsel stating that the execution of such amendment is authorized or permitted by this Agreement and that all conditions precedent to the execution of such amendment have been satisfied. The Owner Trustee may, but shall not be obligated to, enter into any such amendment which affects the Owner Trustee’s own rights, duties or immunities under this Agreement or otherwise.

  • Supplements, Amendments and Waivers This Agreement may be supplemented or amended only by a subsequent writing signed by each of the parties hereto (or their successors or permitted assigns), and any provision hereof may be waived only by a written instrument signed by the party charged therewith.

  • Amendments and Supplements to Time of Sale Prospectus If the Time of Sale Prospectus is being used to solicit offers to buy the Offered Shares at a time when the Prospectus is not yet available to prospective purchasers, and any event shall occur or condition exist as a result of which it is necessary to amend or supplement the Time of Sale Prospectus so that the Time of Sale Prospectus does not include an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances when delivered to a prospective purchaser, not misleading, or if any event shall occur or condition exist as a result of which the Time of Sale Prospectus conflicts with the information contained in the Registration Statement, or if, in the opinion of counsel for the Underwriters, it is necessary to amend or supplement the Time of Sale Prospectus to comply with applicable law, the Company shall (subject to Section 3(b) and Section 3(c) hereof) promptly prepare, file with the Commission and furnish, at its own expense, to the Underwriters and to any dealer upon request, either amendments or supplements to the Time of Sale Prospectus so that the statements in the Time of Sale Prospectus as so amended or supplemented will not include an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances when delivered to a prospective purchaser, not misleading or so that the Time of Sale Prospectus, as amended or supplemented, will no longer conflict with the information contained in the Registration Statement, or so that the Time of Sale Prospectus, as amended or supplemented, will comply with applicable law.

  • Amendments, changes and supplements Any amendment, change and supplement to this Agreement shall require the execution of a written agreement by all of the Parties.

  • Copies of any Amendments and Supplements to a Prospectus The Company will furnish the Placement Agent, without charge, during the period beginning on the date hereof and ending on the later of the last Closing Date of the Offering, as many copies of any Prospectus or prospectus supplement and any amendments and supplements thereto, as the Placement Agent may reasonably request.

  • Amendments, Supplements and Waivers Section 9.01.

  • Amendments to Schedules A. Schedule I to the Existing Credit Agreement is hereby amended by deleting said Schedule I in its entirety and substituting in place thereof a new Schedule I in the form of Annex I to this Amendment.

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