Amendments to Affirmative Covenants. Section 14.1 of the Credit Agreement is amended by:
Amendments to Affirmative Covenants. Section 6 of the Credit Agreement is hereby amended in its entirety as set forth on Annex A attached hereto.
Amendments to Affirmative Covenants. The Facility Agreement will be amended to provide that the following (but only the following) affirmative covenants will apply to Aytu and its Subsidiaries (other than the Borrower and its Subsidiaries, as to whom all affirmative covenants contained in Section 5.1 of the Facility Agreement, as modified by the Closing Date Modifications, will continue to apply): ● Section 5.1(i) (Maintain Existence and Qualification) ● Section 5.1(ii) (Compliance with Laws) ● Section 5.1(iii) (Authorizations) ● Section 5.1(iv) (Notices of Default, Proceedings, Material Adverse Effect Occurrences, Etc.; Additional Information Requests) ● Section 5.1(v) (Financial Statements, SEC Reports, Etc.) (excluding any requirement to deliver a Compliance Certificate reflecting Aytu and its Subsidiaries (other the Borrower and its Subsidiaries) are in compliance with Section 5.3 of the Facility Agreement but provided that the SEC reports shall disclose compliance by the Borrower and its Subsidiaries with the financial covenants and any material non-public information contained in the related Compliance Certificate) ● Section 5.1(vi) (Expense Reimbursement) ● Section 5.1(xiii) (Disclosure; No MNPI) ● Section 5.1(xv) (Further Assurances) ● Section 5.1(xvi) (Insurance) ● Section 5.1(xviii) (Name Changes) ● Section 5.1(xix) (Intellectual Property) ● Section 5.1(xx) (Deposit Accounts and Other Accounts)
Amendments to Affirmative Covenants. (a) Section 7.22 of the Loan Agreement is hereby amended by deleting clause (a) thereof in its entirety and by substituting the following clause (a) in its stead:
Amendments to Affirmative Covenants. (a) Section 10.1(a) of the Loan Agreement is hereby amended by deleting the date "January 29, 2000" appearing in the fifth line of clause (vi) thereof and replacing it with the date "February 2, 2002".
Amendments to Affirmative Covenants. Effective as of the date hereof, Article VIII (Affirmative Covenants) of the Agreement is hereby amended by the addition of the following new Section 8.15 as follows:
Amendments to Affirmative Covenants. (a) Section 7.1(f) of the Credit Agreement is hereby further amended by adding the following text at the end of such Section 7.1(f): "PROVIDED that, the Borrower shall only be required to deliver such Borrowing Base Certificate pursuant to this clause (f) in the event that (i) Domestic Excess Availability, as evidenced by the most recent Borrowing Base Certificate delivered pursuant to Section 7.1(g), is less than $12,000,0000 or (ii) Domestic Excess Availability is less than $15,000,000 but not less than $12,000,000, as evidenced by the most recent Borrowing Base Certificate delivered pursuant to Section 7.1(g), and the Domestic Excess Availability has not, as evidenced by an updated Borrowing Base Certificate, been increased to an amount equal to or greater than $15,000,000 within ten (10) days of delivery of such original Borrowing Base Certificate; PROVIDED further that, in the event that the Domestic Excess Availability, as evidenced by the Borrowing Base Certificates delivered pursuant to Section 7.1(g) for any three consecutive months following the occurrence of an event described in clause (i) or (ii) above, is at or above $15,000,000, such requirement to deliver a Borrowing Base Certificate pursuant to this clause (f) shall terminate (it being understood that such requirement to deliver a Borrowing Base Certificate pursuant to this clause (f) shall be reinstated in the event that the circumstances described in clause (i) or (ii) are repeated);"
Amendments to Affirmative Covenants. (a) Section 5.1(I) of the Loan Agreement is hereby amended by deleting therefrom the phrase "On a monthly basis, on or before the fifteenth day of each Fiscal Month (or more frequently if requested by the Agent)" and substituting in lieu thereof the phrase "On a weekly basis, on or before Tuesday of each week (or more frequently if requested by the Agent)".
Amendments to Affirmative Covenants. Notwithstanding anything contained in any of the Loan Documents to the contrary, the parties hereto acknowledge and agree that Section 5.01(b)(x) shall be amended and restated in its entirety with the following: “Monthly Borrowing Base Certificates. Within ten (10) days after the start of each such calendar month beginning after the date of this Agreement, commencing with the first full calendar month following the Closing Date, a Borrowing Base Certificate certified to the Lender by an Authorized Officer of the Borrowers, setting forth a computation of the Borrowing Base as of the last day of the period covered thereby.”
Amendments to Affirmative Covenants. (a) Section 7.2 of the Loan Agreement is hereby deleted and replaced in its entirety with the following:
