AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to the covenants, terms and conditions set forth herein and in reliance upon the representations and warranties of the Company herein contained, the Company and the Noteholders hereby agree to amend the Existing Note Purchase Agreement as set forth below, effective as of the Effective Date:
(a) Amendment to Section 7.2
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. The Company and, subject to the satisfaction of the conditions set forth in Section 6, each of the Noteholders, each hereby consents and agrees to the amendments to the Existing Note Purchase Agreement set forth in Exhibit A to this Agreement. Each such amendment is incorporated herein by reference as if set forth verbatim in this Agreement.
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to the terms and conditions contained herein and in reliance on the representations and warranties of the Company contained herein, effective upon satisfaction of the conditions precedent contained in Section 3 below, the Existing Note Purchase Agreement is hereby amended as set forth below in this Section 1 (such amendments, collectively, the “Amendments”).
1.1 Section 8A of the Existing Note Purchase Agreement is hereby deleted in its entirety.
1.2 Section 10.1 of the Existing Note Purchase Agreement is hereby amended and restated to read as follows:
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to the satisfaction of the conditions set forth in Section 3 hereof, the Existing Note Purchase Agreement is hereby amended by this Agreement in a manner such that the Note Purchase Agreement (including all schedules and Exhibit A thereto, but excluding all other exhibits thereto) shall read in its entirety as set forth on Exhibit A attached hereto.
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Effective as of the Amendment Effective Date, the Existing Note Purchase Agreement is hereby amended as set forth on Schedule II attached hereto (such amendments, collectively, the “Amendments”).
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to the satisfaction of the conditions set forth in Article II hereof, the Existing Note Purchase Agreement is hereby amended as follows (such amendments are referred to herein collectively as the “Amendments”):
Section 7.1 of the Existing Note Purchase Agreement is hereby amended by deleting the “and” at the end of clause (e)(iii), renumbering clause (g) as clause (h) and adding a new clause (g) as follows:
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to the satisfaction (or waiver in writing by Agent) of the conditions precedent set forth in Section 3 hereof:
(a) the Existing Note Purchase Agreement (other than the schedules and exhibits attached thereto) shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the bold and double-underlined text (indicated textually in the same manner as the following example: bold and double-underlined text) as set forth on the pages of the Note Purchase Agreement attached as Annex A hereto; and
(b) Exhibit C of the Existing Note Purchase Agreement shall be amended and restated in its entirety as attached to Annex B hereto.
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Effective as of the Second Amendment Effective Date, the Existing Note Purchase Agreement (including, without limitation, the exhibits thereto) is hereby amended by deleting the struck through text, and by inserting the underlined and bolded text, in each case, as set forth in Exhibit A attached hereto (such amendments, together with the amendments effected pursuant to Section 2, collectively, the “Amendments”). Notwithstanding the foregoing amendments, to the extent that any of the Existing Note Purchase Agreement’s defined terms are amended, such amendments do not apply as those terms may be used in Sections 1, 2.1, 3, 4, 5, 6 or 21 of the Note Purchase Agreement.
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to the terms and conditions set forth herein, effective as of the Seventh Amendment Effective Date, the reference in Section 10.3(b) of the Existing Note Purchase Agreement to “December 8, 2017” shall be replaced with a reference to “December 18, 2017”.
AMENDMENTS TO EXISTING NOTE PURCHASE AGREEMENT. Subject to paragraph 5.2, the Existing Note Purchase Agreement is hereby amended in the manner specified in Exhibit A to this Agreement. U.S. AGGREGATES, INC. 3 AMENDMENT NO. 1
