Amendments of Loan Agreement. Lender and Borrower hereby agree to amend the terms of the Loan Agreement as hereinafter set forth:
(a) The defined term “Interest Accrual Period” is hereby deleted in its entirety and the following is inserted in lieu thereof:
Amendments of Loan Agreement. Lender and Borrower hereby amend the Loan Agreement as follows:
(a) All references in the Loan Documents to the “Loan Agreement” shall mean the Loan Agreement as amended to date and as amended by this Amendment.
(b) The following definition shall be added to Section 1.01 of the Loan Agreement:
Amendments of Loan Agreement. Subject to the fulfillment of the conditions precedent to the effectiveness of this Amendment which are set forth below, the Loan Agreement shall be amended as follows:
(a) Section 1.1 of the Loan Agreement is hereby amended by adding to Section 1.1 the following new definitions in the appropriate alphabetical order:
Amendments of Loan Agreement. Lender and Borrower hereby agree to amend the terms of the Loan Agreement as hereinafter set forth:
(a) The defined term “LIBOR Strike Rate” is hereby deleted in its entirety and the following is inserted in lieu thereof:
Amendments of Loan Agreement. (a) The introductory paragraph of the Loan Agreement is amended to read in its entirety as follows: THIS THIRD AMENDED AND RESTATED REVOLVING LOAN, GUARANTY AND SECURITY AGREEMENT dated as of September 23, 1999, as amended by Amendment No. 1 and Assignment Agreement dated as of March 10, 2000, Amendment Number 2 dated as of December 28, 2000 and as hereafter amended from time to time, is by and among FLEET NATIONAL BANK (successor by merger to Fleet Bank, National Association, as successor to NatWest Bank N.A. and National Westminster Bank NJ, "Fleet"), having an office at 000 Xxxxxxxxxx Xxxx, Xxxx Xxxx, Xxx Xxxxxx 00000, SOVEREIGN BANK ("Sovereign"), having an office at 000 Xxxxx Xxxxxx, Perth Amboy, New Jersey 08861, MELLON BANK, N.A. ("Mellon"), having an office at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxxx 00000, CITIBANK, N.A. (successor by merger to European American Bank, "Citibank"), having an office at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, PNC BANK, NATIONAL ASSOCIATION ("PNC"), having an office at 0 Xxxxx Xxxxxx Xxxx, Xxxx Xxxxxxxxx, Xxx Xxxxxx 00000, FIRST PIONEER FARM CREDIT, ACA ("First Pioneer"), having an office at 000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxxxxxx 00000 and NATIONAL BANK OF CANADA ("NBC"), having an office at 00 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000 (Fleet, Sovereign, Mellon, Citibank, PNC, First Pioneer and NBC, together with any other financial institution that becomes a party hereto, are referred to herein individually as a "Bank" and collectively as the "Banks"), FLEET NATIONAL BANK, as administrative and collateral agent for the Banks hereunder (in such capacity, the "Agent"), having an office at 000 Xxxxxxxxxx Xxxx, Xxxx Xxxx, Xxx Xxxxxx 00000, SOVEREIGN BANK, as syndication agent for the Banks (in such capacity the "Syndication Agent") having an office at 000 Xxxxx Xxxxxx, Perth Amboy, New Jersey 08861, MELLON BANK, N.A., as documentation agent for the Banks (in such capacity the "Documentation Agent") having an office at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxxx 00000, SUPREMA SPECIALTIES, INC. (the "Borrower"), a New York corporation with its principal place of business at 000 Xxxx 00xx Xxxxxx, Xxxxxxxx, Xxx Xxxxxx 00000, SUPREMA SPECIALTIES WEST, INC. ("Suprema West"), a California corporation with its principal place of business at 00000 Xxxxx Xxxxxxx Xxx, Xxxxxxx, Xxxxxxxxxx 00000, SUPREMA SPECIALTIES NORTHEAST, INC. ("Suprema Northeast"), a New York corporation with its principal place of business at 00 Xxxx Xxxxx...
Amendments of Loan Agreement. Subject to the fulfillment of the conditions precedent to the effectiveness of this Third Modification which are set forth below, the Loan Agreement shall be amended from and after this date as follows:
(a) The Loan Agreement is hereby amended by adding each of the following definitions to Section 1.1 thereof in the appropriate alphabetical order:
Amendments of Loan Agreement. 2.01 Section 10.4 of the Loan Agreement is hereby amended by deleting the number "$1,500,000" appearing therein, and substituting the number "$3,000,000" thererfor.
2.02 Clause (b) of Section 9.08 of the Loan Agreement is hereby amended in its entirety to read as follows: "
Amendments of Loan Agreement. Subject to the satisfaction of the Conditions to Effectiveness of the Seventh Amendment set forth in Section 4, below, the Loan Agreement is hereby amended as follows:
a. Article 1 of the Loan Agreement is hereby amended as follows:
i. the definition of "Availability Reserves" is hereby amended by inserting the following at the end thereof:
Amendments of Loan Agreement and Tax Certificate Requiring Consent of Bond Owners. Exclusive of amendments and modifications covered by Section 10.1 hereof, the Loan Agreement or the Tax Certificate may be amended or modified with the prior written consent of the Trustee only as provided in this Section 10.
Amendments of Loan Agreement. Subject to the fulfillment of the conditions precedent to the effectiveness of this Modification which are set forth below, the Loan Agreement shall be amended from and after the date of this Modification as follows:
(a) Section 5.01 of the Loan Agreement, Financial Statements and Notices, is amended to by deleting subsection (c) thereof in its entirety and inserting the following in place and in lieu thereof:
(c) monthly asset holdings reports and monthly borrowing base certificate on Lender’s approved form showing the current value of the securities pledged for the Loan, including without limitation, details of the various investments holdings with a “time to liquidity” identified for each security. Advance rates will be determined based on the following: 1 day = 90%; 1 year and less = 80%; Over 1 year and less than 2 years = 50%; Over 2 years = 30%;”
(b) Section 5.12 of the Loan Agreement, Financial Covenants, is amended to add subsection (d) as follows:
(d) Xxxxxxxxxx Endowment Fund’s net asset value must exceed $20,000.00, tested on a quarterly basis.” change the definition of Note to refer to the Modification of Note dated as of even date herewith increasing the maximum principal loan amount of $2,500,000.00 and extending the Maturity Date to March 31, 2027.
