Amendments to Existing Forbearance Agreement. From and after the time this Amendment No. 7 becomes effective in accordance with Section 2 hereof,
(a) the definition of “Forbearance Termination Event” in Section 1 of the Existing Forbearance Agreement shall be amended and restated in its entirety and shall read as follows:
(a) the acceleration of the maturity of any obligations under the Credit Agreement;
(b) Waiver No. 10, dated as of August 14, 2009, by and among MPG, MCC, Xxxxxx Communications Holding Company, LLC, Xxxxxxx Trading & Operating Company, MPG Newspaper Holding, LLC, certain subsidiary guarantors party thereto, certain lenders party thereto and the Administrative Agent (“Waiver No. 10”), relating to the Credit Agreement and/or the Xxxxxx Companies’ and MCC’s existing senior secured term and revolving credit facilities (the “Senior Secured Credit Facilities”) shall cease to be effective, whether as a result of termination, expiration in accordance with its terms or otherwise;
(c) any amendment, waiver, supplementation or modification of Waiver No. 9 (except as a result of the execution of Waiver No. 10), or, following execution and effectiveness of Waiver No. 10, any amendment, waiver, supplementation or modification of Waiver No. 10, in any such case without the consent of each of the Holders;
(d) the occurrence of a Default or Event of Default under the Indenture other than the Existing Default or the Payment Default;
(e) the filing of a bankruptcy case, including, without limitation, a chapter 11 bankruptcy proceeding, by or with respect to any of the Xxxxxx Companies or any subsidiary thereof;
(f) the breach of, or failure of the Xxxxxx Companies to comply with, Section 6(b) of this Agreement;
(g) the failure of any representation or warranty made by the Xxxxxx Companies in this Agreement, or any amendments hereto, to be true and correct in all material respects as of the date when made;
(h) the failure by the Xxxxxx Companies to comply with any term, condition, covenant or agreement contained in this Agreement, or any amendments hereto; or
(i) 5:00 p.m. EDT on August 21, 2009.
(b) the third recital of the Existing Forbearance Agreement shall be amended and restated in its entirety and shall read as follows:
Amendments to Existing Forbearance Agreement. On the Effective Date, the parties agree that (x) with respect to Lender’s agreement to forbear, the terms of Sections 3, 4, 5, 6, 8, and 13 of the Existing Forbearance Agreement shall continue in full force and effect and be ratified by the parties hereto, subject to the amendments thereto set forth in this section, and (y) the Existing Forbearance Agreement shall be deemed to be amended as follows:
(a) The introductory paragraph of Section 4 of the Existing Forbearance Agreement shall be amended to read in its entirety as follows:
Amendments to Existing Forbearance Agreement. (a) Schedule 1 to the Existing Forbearance Agreement is hereby amended and restated in its entirety in the form attached hereto as Schedule 1.
(b) The definition of “Forbearance Expiration Date” set forth in Section 2(a) of the Existing Forbearance Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Existing Forbearance Agreement. Effective as of the date hereof:
(a) The preamble of the Existing Forbearance Agreement is hereby amended and restated in its entirety to read as follows “This FORBEARANCE AGREEMENT (this “Agreement”) dated as of November 10, 2022, by and among The Greenrose Holding Company Inc. (the “Borrower”), Theraplant, LLC (“Theraplant”) and True Harvest Holdings, Inc. (“True Harvest” and together with Theraplant, the “Guarantors” and together with the Borrower, the “Credit Parties”), the Lenders under and as defined in the Credit Agreement (as defined below) party hereto (the “Credit Agreement Lenders”), the Note Lenders under and as defined in the Secured Promissory Note (as defined below) party hereto (the “Note Lenders”, and together with the Credit Agreement Lenders, the “Lenders”) and DXR Finance, LLC, in its capacity as Agent for the Credit Agreement Lenders (in such capacity, the “Credit Agreement Agent”) and Agent for the Note Lenders (in such capacity, the “Note Agent”, and together as Credit Agreement Agent, the “Agent”).”
Amendments to Existing Forbearance Agreement. Effective as of the Effective Date (as defined below) and subject to the terms and conditions set forth herein and in reliance upon the representations and warranties set forth herein, the Existing Forbearance Agreement is amended as follows:
(a) the definition of “Forbearance Termination Event” in Section 1 of the Existing Forbearance Agreement is hereby amended by replacing “August 15, 2024 at 11:59 p.m. Eastern time” in such definition with “11:59 p.m. Eastern time on the Maturity Date (as defined in the Bridge Credit Agreement)”; (b) Sections 4(e), 4(f), and 4
Amendments to Existing Forbearance Agreement. On the Effective Date, the parties agree that (x) with respect to Lender’s agreement to forbear, the terms of Sections 3, 4, 5, 6, 8, and 13 of the Existing Forbearance Agreement shall continue in full force and effect and be ratified by the parties hereto, subject to the amendments thereto set forth in this section, and (y) the Existing Forbearance Agreement shall be deemed to be amended as follows:
(a) Each reference in the Existing Forbearance Agreement to Specified Defaults and Specified Anticipated Defaults shall be deemed to be a reference to the Specified Defaults as defined herein.
(b) The introductory paragraph of Section 4 of the Existing Forbearance Agreement shall be amended to read in its entirety as follows:
