Amendments to Depositary Agreement Sample Clauses

Amendments to Depositary Agreement. Each of the Borrower, the Administrative Agent, the Collateral Agent and the Depositary Bank (at the direction of the Lenders party to this Amendment (constituting the Requisite Lenders)) agrees that: 2.1 The following definitions shall be added into Section 1.1 of the Depositary Agreement in appropriate alphabetical order:
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Amendments to Depositary Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 6 hereof and subject to the other terms and conditions hereof, the GenHoldings Lenders hereby agree to amend the Depositary Agreement as follows: (a) Section 2.7 is amended by (x) deleting "and DSR Letter of Credit" from the heading and the first sentence and (y) replacing the text in clause (c) with "intentionally omitted." (b) Section 4.1.2 is amended by (x) replacing "or Disbursement Project Event of Default" with ", Borrower Inchoate Default, Project Inchoate Default or Project Event of Default" in the fourth sentence and (y) inserting ", Borrower Inchoate Default, Project Inchoate Default or Project Event of Default" after "Borrower Event of Default" in the fifth sentence. (c) Section 4.2.2 is amended by inserting ", Borrower Inchoate Default, Project Event of Default, or Project Inchoate Default" after "Borrower Event of Default" each time it appears. (d) Section 4.3.2 is amended by (w) replacing the text of clause Fifth with "Intentionally omitted;", (x) inserting "and" at the end of clause Sixth, (y) replacing clauses Seventh and Eighth with the following clause Seventh: "Seventh, transfer to the Debt Service Reserve Account an amount of Account Funds sufficient to cause the amount of Account Funds in the Debt Service Reserve Account to equal to the then current DSR Required Balance" and (z) by inserting ", Borrower Inchoate Default, Project Event of Default or Project Inchoate Default" after "Borrower Event of Default" each time it appears. (e) Section 4.4.2 is amended by inserting ", Borrower Inchoate Default, Project Event of Default, Project Inchoate Default" after "Borrower Event of Default". (f) Section 4.6.1 is amended by replacing clauses (a) and (c) as follows: (a) On or prior to the DSR Start Date, the Borrower shall deliver, or cause to be delivered, to the Depositary Agent for credit to the Debt Service Reserve Account, immediately available funds in Dollars (other than funds that already constitute Collateral) in an amount not less than the DSR Required Balance as of the DSR Start Date." "(c) Intentionally omitted." (g) Section 4.6.2 is amended and restated in its entirety as follows:
Sample 1Sample 2
Amendments to Depositary Agreement. Each of the Borrower, the Administrative Agent, the Collateral Agent and the Lenders party to this Amendment and Waiver (constituting the Requisite Lenders) agrees that: 2.1 Section 1.1 of the Depositary Agreement shall be amended by amending and restating the definition of “Local Distribution Account” as follows:
Sample 1
Amendments to Depositary Agreement. 3.1 Section 6(a)(i) of the Existing Depositary Agreement is hereby amended by replacing the words “three (3) Business Days” with the words “one (1) Business Day”. 3.2 Exhibit A to the Existing Depositary Agreement is hereby amended by replacing the words “5 Business Days” in the first footnote thereto with the words “2 Business Days”.
Sample 1
Amendments to Depositary Agreement. Each of the Borrower, the Administrative Agent, the Collateral Agent and the Depositary Bank (at the direction of the Lenders party to this Amendment (constituting the Requisite Lenders)) agrees that: 2.1The following definitions shall be added into Section 1.1 of the Depositary Agreement in appropriate alphabetical order: ““Senior Unsecured Debt” shall mean any Refinancing of First Lien Obligations pursuant to Section 2.08 of the Intercreditor Agreement which is or, in accordance with its terms, becomes unsecured (except to the extent of any security interest in any Additional Debt Service Reserve Account established for the benefit of the holder of such Indebtedness). “Senior Unsecured Debt Documents” shall mean any credit agreement, indenture and/or other agreements governing any Senior Unsecured Debt. “Senior Unsecured Debt Representative” shall mean, with respect to any Senior Unsecured Debt, the administrative agent and/or trustee (as applicable) or any other similar agent, representative or Person under any Senior Unsecured Debt Document, in each case, together with its successors and permitted assigns in such capacity. “True-Up Date” shall mean up to two additional Business Days within a Fiscal Quarter following any Quarterly Payment Date selected by the Borrower on which the Borrower may make the transfers contemplated by clause ninth of Section 3.1(b).” 2.2The paragraph beginning with the word “Second” in Section 3.1(b) of the Depositary Agreement shall be amended and restated in its entirety as follows: “Second, from time to time when due, as specified in the Revenue Account Transfer Certificate referenced below, after transfer of amounts in accordance with clause First on such date, if any, the Depositary Bank shall to the extent available, pay all the fees, expenses or other amounts (including fronting fees, if any) then due and owing, to the Depositary Bank, the Collateral Agent, 2 each Senior Class Debt Representative, each Senior Unsecured Debt Representative and each Issuing Bank (or issuing bank under any other First Lien Secured Debt Instrument), in their capacities as such (including the reasonable fees and expenses of their respective counsel) as set forth in a Revenue Account Transfer Certificate duly completed and delivered in accordance with Section 2.7; provided that if funds available to make such payments are not sufficient to make all such payments, the Depositary Bank shall apply the remaining funds on a pro rata basis based on...
Sample 1
Amendments to Depositary Agreement. On the Sixth Amendment Effective Date, the Depositary Agreement is amended as follows:
Sample 1
Amendments to Depositary Agreement. (a) Section 3.1 of the Depositary Agreement is hereby amended by adding the following sentence to the conclusion of clause (c) thereof: “Notwithstanding anything herein to the contrary, the Borrower may, at any time, authorize the Depositary Bank to withdraw and transfer from the Revenue Account to the Person or Persons set forth in a Withdrawal Certificate delivered to the Depositary Bank at least two (2) Business Days prior thereto, amounts for the payment of Restricted Payments pursuant to Section 7.06(f) of the Credit Agreement, so long as no Event of Default shall have occurred and be continuing as of the date of such withdrawal and transfer.” (b) Appendix A (Form of Withdrawal Certificate) of the Depositary Agreement is hereby amended by adding the following clause (k) to Part 1 thereof:
Sample 1
AutoNDA by SimpleDocs
Amendments to Depositary Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 6 hereof and subject to the other terms and conditions hereof, the GenHoldings Lenders hereby agree to amend the Depositary Agreement as follows: (a) Sections 4.1.1(c), 4.2.1(c) and 4.3.1(d) are each amended by replacing the text therein with “Intentionally omitted.” (b) Section 4.3.2 is amended by replacing clauses Second, Third and Fourth as follows: “Second, intentionally omitted;” “Third, transfer to the Debt Payment Account an amount of Account Funds sufficient to cause the amount of Account Funds in the Debt Payment Account to equal the sum of all payments due and payable under the Credit Agreement and the other Credit Documents scheduled to be due and payable on or prior to the next Monthly Date, all in accordance with Section 2.5.5 of the Credit Agreement;” “Fourth, intentionally omitted.” (c) Section 4.5.2 is amended by replacing clauses First through Fifth with: “First, to pay all interest on outstanding Tranche A Loans due and payable on such Scheduled Payment Date; Second, to pay all Commitment Fees, Letter of Credit Fees, administrative fees, depositary agent fees, fronting fees and other scheduled fees due and payable on such Scheduled Payment Date; Third, to make payments in accordance with Section 2.5.5 of the Credit Agreement; Fourth, intentionally omitted; and Fifth, intentionally omitted.”
Sample 1

Related to Amendments to Depositary Agreement

  • Amendments to Deposit Agreement SECTION 2.01. All references in the Deposit Agreement to the term “Deposit Agreement” shall, as of the Effective Date (as herein defined), refer to the Deposit Agreement, dated as of January 2, 2007 as amended as of the date hereof. SECTION 2.02. Section 3 of the Deposit Agreement is deleted in its entirety and replaced with the following:

  • Amendments to Servicing Agreement The Issuer covenants with the Indenture Trustee that it will not enter into any amendment or supplement to the Servicing Agreement without the prior written consent of the Indenture Trustee.

  • Amendments to Note Purchase Agreement Subject to the satisfaction of the conditions precedent set forth herein and in reliance on the representations, warranties and covenants of the Companies set forth herein and in the Note Purchase Agreement, each party hereto hereby agrees that the Note Purchase Agreement be and hereby is, amended as follows:

  • Amendments to the Trust Agreement (a) The Sponsor may, without the approval of the Limited Shareholders, amend or supplement this Trust Agreement; provided, however, that the Limited Shareholders shall have the right to vote on any amendment (i) if expressly required under Delaware or federal law or regulations or rules of any exchange, (ii) submitted to them by the Sponsor in its sole discretion, or (iii) if it would impair the right of a Limited Shareholders to surrender baskets of Shares and receive the amount of Trust property represented. The Sponsor shall provide notice of any amendment to the Limited Shareholders setting forth the substance of the amendment and its effective date. (b) Upon amendment of this Trust Agreement, the Certificate of Trust shall also be amended, if required by the Delaware Trust Statute, to reflect such change. (c) No amendment shall be made to this Trust Agreement without the consent of the Trustee if it reasonably believes that such amendment adversely affects any of the rights, duties or liabilities of the Trustee. At the expense of the Sponsor, the Trustee shall execute and file any amendment to the Certificate of Trust if so directed by the Sponsor or if such amendment is required in the opinion of the Trustee. (d) The Trustee shall be under no obligation to execute any amendment to the Trust Agreement or to any agreement to which the Trust is a party until it has received an instruction letter from the Sponsor, in form and substance reasonably satisfactory to the Trustee (i) directing the Trustee to execute such amendment, (ii) representing and warranting to the Trustee that such execution is authorized and permitted by the terms of the Trust Agreement and (if applicable) such other agreement to which the Trust is a party and does not conflict with or violate any other agreement to which the Trust is a party and (iii) confirming that such execution and acts related thereto are covered by the indemnity provisions of the Trust Agreement in favor of the Trustee; provided that the Trustee shall in no circumstance be obligated to execute any agreement to which the Trust is a party if the Sponsor may execute such Agreement on behalf of the Trust. (e) No provision of this Trust Agreement may be amended, waived or otherwise modified orally but only by a written instrument adopted in accordance with this Section.

  • Amendments to Notes The Notes are hereby amended to delete all provisions inconsistent with the amendments to the Indenture effected by this Supplemental Indenture.

  • Amendments to Financing Agreement Subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, the Financing Agreement shall be amended as follows: (a) Section 1.01 of the Financing Agreement is hereby amended by adding the following defined terms in appropriate alphabetical order:

  • Amendments to Note To the extent not inconsistent with applicable law, this Note shall be subject to modification by such amendments, extensions, and renewals as may be agreed upon from time to time by the Holder and the Borrower, with the approval of the Secretary.

  • Amendments to Agreement This Agreement, or any term thereof, may be changed or waived only by written amendment signed by the party against whom enforcement of such change or waiver is sought. For special cases, the parties hereto may amend such procedures set forth herein as may be appropriate or practical under the circumstances, and Ultimus may conclusively assume that any special procedure which has been approved by the Trust does not conflict with or violate any requirements of its Declaration of Trust or then current prospectuses, or any rule, regulation or requirement of any regulatory body.

  • Amendments to Documents The Trust shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 18 hereof forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Prospectuses or Statement of Additional Information of the Trust which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Trust first obtains BISYS' approval of such amendments or changes.

  • Amendments to Trust Agreement Subject to Section 11.1 of the Trust Agreement, the Indenture Trustee shall, upon Issuer Order, consent to any proposed amendment to the Trust Agreement or an amendment to or waiver of any provision of any other document relating to the Trust Agreement, such consent to be given without the necessity of obtaining the consent of the Owners of any Notes upon satisfaction of the requirements under Section 11.1 of the Trust Agreement. Nothing in this Section shall be construed to require that any Person obtain the consent of the Indenture Trustee to any amendment or waiver or any provision of any document where the making of such amendment or the giving of such waiver without obtaining the consent of the Indenture Trustee is not prohibited by this Indenture or by the terms of the document that is the subject of the proposed amendment or waiver.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!