Amendments to Clause. 1 (Definitions)
(a) The definition of "Guarantors" shall be amended to read as follows: "Guarantor: Norse Energy Holding Inc. and any Intermediate Holding Company if established"
(b) The definition of "Intercompany Loans" shall be amended to read as follows: "Intercompany Loans: means loans provided by the Guarantor to its Subsidiaries from time to time but excluding any intercompany loans made by the Guarantor to its Subsidiaries pursuant to Clause 16.3(k)(ii) of this Loan Agreement and notified to the Loan Trustee pursuant to such clause."
Amendments to Clause. 41 - Submission of financial results
Amendments to Clause. 2 (Definitions)
Amendments to Clause. 16 (Covenants by the Borrower)
"16.1 During the term of the Loan the Borrower shall:
(a) immediately inform the Loan Trustee of any default under this Loan Agreement according to Clause 18 as well as of any circumstances which the Borrower understands or should understand is likely to lead to any default,
(b) of its own accord, make annual and interim reports available on the Borrower’s website (alternatively by sending them to the Loan Trustee) as soon they are available, and not later than 150 days after the end of the financial year and not later than 60 days after the end of the relevant financial period,
(c) at the Loan Trustee's request send a report outlining the balance of the Borrower's Bonds,
(d) provide the documents and information necessary to enable the Loan Trustee to carry out its rights and obligations pursuant to the Loan Documents, laws and regulations,
(e) within a reasonable time limit provide information about the Borrower's financial condition as the Loan Trustee may reasonably request, and
(f) send a copy to the Loan Trustee of notices to the Company Register to be announced as creditor’s notices.
(g) in connection with reporting under 16.1(b) confirm to the Loan Trustee the Borrower’s compliance with Clause 16.
Amendments to Clause. (i) of Section 6.2. Clause (i) of Section 6.2 is hereby amended and restated to read as follows:
(i) cause each of the Companies to transfer by way of dividend or otherwise to Holding or AHP, as the case may be, any cash or cash equivalents held by such Company from time to time up to and including the close of business on the day immediately prior to the Closing Date except to the extent of the amount of all checks of the Companies outstanding as of the close of business on the day immediately prior to the Closing Date (and in connection therewith Sellers shall cause the Companies to have at the close of business on the day immediately prior to the Closing Date sufficient cash to cover all outstanding checks),"
Amendments to Clause. - 3 - With effect from the Third Amendment Effective Date, the text contained in Clause 16.1(f) of the Facility Agreement shall be deleted and replaced with the following:
Amendments to Clause. 16 (Covenants by the Borrower)
Amendments to Clause. 22 18.1 Clause 22.17 is amended by deleting the words "provided that nothing in this clause 22.17 affects the operation of clause 22.19".
Amendments to Clause. 24 Clause 24.1 is amended by adding at the end of the first sentence: "and shall take or refrain from taking any action necessary to prevent any other material adverse change to the Trust in connection with the ownership by the Trustee of CenterMark Stock including, but not limited to the exchange of any CenterMark Stock owned by the Trustee for excess shares or stock in CenterMark".
Amendments to Clause. 26 (Payments)
2.9.1 The Parties agree that Clause 26.1(a) (Payment to the Facility Agent) shall be deleted in its entirety and replaced by:
(a) Subject to Clause 26.1(d) below, on each date on which an Obligor or a Lender is required to make a payment under a Senior Finance Document, that Obligor (subject to Clause 26.8 (Payments to the Security Agent)) or Lender shall make the same available to the Facility Agent (unless a contrary intention appears in a Senior Finance Document) for value on the due date at the time and in such funds specified by the Facility Agent as being customary at the time for settlement of transactions in the relevant currency in the place of payment.”.
2.9.2 The Parties agree that a new Clause 26.1(c) shall be inserted after Clause 26.1(b) as follows:
