Amendments to Article V (Affirmative Covenants) Sample Clauses

Amendments to Article V (Affirmative Covenants). (i) Section 5.1 (Financial Statements) of the Credit Agreement is hereby amended by inserting at the end of clause (a) of Section 5.1 immediately after “;” the following: “provided, however, and solely in connection with the fiscal year 2005, the above referenced financial statements shall be delivered within 104 days after the end such fiscal year;”. (ii) Section 5.2 (Certificates; Other Information) of the Credit Agreement is hereby amended by: (1) inserting at the end of clause (a) of Section 5.2 immediately after “;” the following: “ provided, however, that the certificates required to be furnished to the Administrative Agent pursuant to Section 5.2(a) and (b) shall be based upon generally accepted accounting principles in the United States of America (“U.S”) and that the certificate required to be delivered under this Section 5.2(a) may be delivered by the Borrower’s U.S. based independent certified public accountant and provided, further, that any such certificate required to be delivered for the fiscal year 2005 shall be delivered within 120 days after the end of such fiscal year 2005.” (2) inserting at the end of clause (b) of Section 5.2 immediately after the word “therewith” the following: “ provided, however, that any such certificates required to be delivered for the fiscal year 2005 shall be delivered within 120 days after the end of such fiscal year 2005. (3) deleting the word “and” at the end of clause (f), (b) renumbering clause (g) thereof clause (h) (and renumbering accordingly each reference to such clause in any Loan Document that is not an amendment to another Loan Document) and (c) inserting a new clause (g) immediately after clause (f) thereof to read in its entirety as follows: (g) within 30 days after the end of each month, or 45 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower, or 90 days after the end of each fiscal year of the Borrower, as the case may be a report setting forth Available Liquidity of the Borrower and its Subsidiaries as of the last day of the applicable period, accompanied by a certificate of a Responsible Officer certifying to the accuracy and completeness of the information contained in such report; and”. AMENDMENT NO 1 TO CREDIT AGREEMENT
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Amendments to Article V (Affirmative Covenants) of the Credit Agreement is hereby amended by deleting paragraph (g) therefrom and substituting the following therefor:
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Amendments to Article V (Affirmative Covenants). (i) Section 5.01 (Financial Statements and Other Information) of the Credit Agreement is hereby amended by deleting “and” at the end of clause (h) thereof, re-lettering clause (i) thereof as clause (j) and inserting the following new clause (i): (i) Promptly following the delivery of any documents pursuant to Section 5.01 of the Existing First Lien Credit Agreement which are not otherwise required to be delivered under this SECTION 5.01, such documents; and”
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Amendments to Article V (Affirmative Covenants). Clause (ii) of the introductory paragraph to Article V is hereby amended and restated in its entirety to read as follows:
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Amendments to Article V (Affirmative Covenants). Effective as of the Amendment No. 1 Effective Date, the Existing Credit Agreement is hereby amended as follows: (a) Subsection (c) under Section 5.1 of "ARTICLE V -
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Amendments to Article V (Affirmative Covenants) of the Credit Agreement is hereby amended by (i) deleting the word "and" from the end of clause (j), (ii) deleting the punctuations "." from clause (k) and substituting "; and" therefor and (iii) inserting the following clause (l):
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Amendments to Article V (Affirmative Covenants). (a) Amendments to Section 5.06 (Obligations and Taxes). (1) CLAUSE (B) of SECTION 5.06 is hereby amended to (i) insert the words "for the single quarter period" immediately after the words "each of the foregoing" appearing therein and (ii) insert the parenthetical "(other than with respect to statements of cash flows only)" immediately before the words "for the then elapsed portion of the fiscal year" appearing therein. (2) CLAUSE (C) of SECTION 5.06 is hereby amended and restated in its entirety as follows: AMENDMENT NO. 10 & LIMITED WAIVER 10 "(c) (i) within forty-five (45) days after the end of each month during each fiscal year (or within one hundred twenty (120) days after the end of each December) commencing with the month ending March 31, 2002, (x) consolidating unaudited balance sheets for Borrowers and unaudited statements of operations for KMC Holdings, Data Holdco and the Borrowers, in each case on a combined basis, each of the foregoing as of the end of each such month, as applicable, and for the then elapsed portion of the fiscal year and (y) a detailed statement of operations for the Borrowers on a combined basis for such month and year-to-date period with comparisons to the corresponding projections for such month and year-to-date period set forth in the March 2002 Business Plan and (ii) no later than the first and third Friday of each month commencing May 3, 2002, in each case for the prior four calendar week period, projected thirteen (13) calendar week cash flow analyses for KMC Holdings, Data Holdco and the Borrowers on a consolidated and individual entity basis consisting of projected statements of cash receipts and disbursements, in each case for the succeeding thirteen (13) calendar week period and actual statements for the previous four calendar weeks then ended together with a comparison of such actual statements to the projected statements for such four weeks;". (3) CLAUSE (E) of SECTION 5.06 is hereby amended to (i) insert the figure (A) immediately after the date "September 30," appearing therein and (ii) insert the following new language before the ";" at the end thereof: "and (B) a completed Perfection Certificate signed by the chief financial officer of KMC Holdings;" (4) CLAUSE (U) of SECTION 5.06 is hereby amended to (i) delete the date "September 7, 2002" appearing therein and substitute therefor the date "August 1, 2003" and (ii) delete the words "sixty (60)" and replace them with the words "fourteen (14)." (b) AMENDMENT T...
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Amendments to Article V (Affirmative Covenants) of the Credit Agreement is hereby amended by (i) deleting the phrase "on a quarterly basis, except in connection with a Permitted Business Acquisition, in which case" from clause (b) thereof, (ii) deleting the word "thereafter" from clause (b) thereof and substituting the phrase "promptly upon the request of Agent, or otherwise by the last day of the then current fiscal quarter" therefor, and (iii) deleting the phrase "shall have owned for a period of at least six months real property that is located in the United States that has an aggregate fair market value (net of deduction from such value of the principal amount of any Indebtedness secured by any Liens or such real property) equal to at least $5,000,000, promptly, but in any event within 30 days after the end of such six-month period" from clause (c) thereof and substituting therefor the phrase "shall acquire any real property or, with respect to any other real property, upon the request of Collateral Agent, promptly".
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Amendments to Article V (Affirmative Covenants) 
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Related to Amendments to Article V (Affirmative Covenants)

  • Amendments to Article I Article I of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.1.1 through 2.1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in such Section in the appropriate alphabetical sequence:

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits.

  • Modification to Article VII, Section 4 of the DPA Article VI, Section 4 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Modification to Article III, Section 2 of the DPA Article III, Section 2 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification. (b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected. (i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day). (ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).

  • Compliance with Consolidation Provisions The Company will not, while any of the Securities remain Outstanding, consolidate with or merge into any other Person, in either case where the Company is not the survivor of such transaction, or sell or convey all or substantially all of its property to any other Person unless the provisions of Article Ten hereof are complied with.

  • Amendment to Article I Article I of the Existing Credit Agreement is hereby amended as follows: SECTION 2.1.1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in the appropriate alphabetical order:

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided that, other than for purposes of Article XI, any provision of the other Loan Documents which imposes additional burdens on any Borrower or its Subsidiaries or further restricts the rights of such Borrower or its Subsidiaries or gives the Administrative Agent or any Lender additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) Each Borrower expressly acknowledges and agrees that each covenant contained in Article VIII, IX, or X hereof shall be given independent effect. Accordingly, no Borrower shall engage in any transaction or other act otherwise permitted under any covenant contained in Article VIII, IX, or X if, before or after giving effect to such transaction or act, such Borrower shall or would be in breach of any other covenant contained in Article VIII, IX, or X.

  • Termination of Obligations to Effect Closing; Effects (a) The obligations of the Company, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Investors; (ii) By the Company if any of the conditions set forth in Section 6.2 shall have become incapable of fulfillment, and shall not have been waived by the Company; (iii) By an Investor (with respect to itself only) if any of the conditions set forth in Section 6.1 shall have become incapable of fulfillment, and shall not have been waived by the Investor; or (iv) By either the Company or any Investor (with respect to itself only) if the Closing has not occurred on or prior to the earliest to occur of (i) the effective date of the Merger, (ii) the termination of the Merger Agreement or (iii) December 31, 2004; provided, however, that, except in the case of clause (i) above, the party seeking to terminate its obligation to effect the Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement or the other Transaction Documents if such breach has resulted in the circumstances giving rise to such party’s seeking to terminate its obligation to effect the Closing. (b) In the event of termination by the Company or any Investor of its obligations to effect the Closing pursuant to this Section 6.3, written notice thereof shall forthwith be given to the other Investors and the other Investors shall have the right to terminate their obligations to effect the Closing upon written notice to the Company and the other Investors. Nothing in this Section 6.3 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.

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