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. (1) Subparagraphs (1) and (2) of Section 7.02(c) of the Credit Agreement are hereby amended in their entirety to read as follows:
Amendments to Affirmative Covenants. (a) Section 7.2 of the Loan Agreement is hereby deleted and replaced in its entirety with the following:
Amendments to Affirmative Covenants. Section 10.1 of the Credit Agreement is hereby amended by:
(a) deleting the ";" at the end of subparagraph (e)(x) thereof and substituting "; and" therefor;
(b) deleting subparagrah (e)(xi); and
(c) adding a new subparagraph (bb) immediately following the existing subparagraph (aa) thereof as follows:
Amendments to Affirmative Covenants. Exhibit A-1
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)".
(b) Section 5.1(K) of the Loan Agreement is hereby deleted in its entirety and the following revised Section 5.1(K) is hereby substituted in lieu thereof:
Amendments to Affirmative Covenants. The "Affirmative Covenants" section of the Credit Agreement is amended as follows:
(a) The "Taxes, Charges and Liens" covenant is amended by adding the following words at the beginning of subclause (a) "Borrower believes in good faith such amount is not yet due and payable or;
Amendments to Affirmative Covenants. Section 14.1 of the Credit Agreement is amended by:
(i) deleting paragraph (t) therein in its entirety and replacing it with the following:
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:
(a) REIT will have as its sole business purpose owning ownership interests of Parent Borrower, performing duties as the general partner of Parent Borrower, and making equity investments in such operating partnership and doing and performing any and all acts and things in service of the foregoing (including, for the avoidance of doubt, owning ownership interests in CoreSite, L.L.C.), and shall not engage in any business or activities other than those described in this §7.22(a);”
