Amendments to Facility Agreement. Upon the satisfaction of the conditions set forth in Section 3 of this Amendment:
Section 1.1 of the Facility Agreement is hereby amended to add the following additional defined terms:
Amendments to Facility Agreement. Effective as of the date of satisfaction of the conditions precedent set forth in Section 2 below, the Facility Agreement is hereby amended as follows:
(a) Section 1.01 of the Facility Agreement is amended to add the following new definitions therein in the appropriate alphabetical order and, where applicable, replace the corresponding previously existing definitions:
Amendments to Facility Agreement. With effect on and from (and subject to the occurrence of) the Effective Date, the Facility Agreement shall be, and shall be deemed by this First Supplemental Agreement to be, amended as follows:
(a) by adding the following definitions in clause 1.1 (Definitions) thereof as follows in the requisite alphabetical order:
Amendments to Facility Agreement. With effect on and from the Effective Date the Facility Agreement shall be, and shall be deemed by this Agreement to be, amended and restated in the form of the Amended and Restated Facility Agreement and, as so amended and restated, the Facility Agreement shall continue to be binding on each of the parties to it in accordance with its terms as so amended and restated.
Amendments to Facility Agreement. 3.1 Subject to clause 4.1, with effect on and from the Effective Date, the Facility Agreement is amended in the manner set out in schedule 3 but without prejudice to any act, matter or thing done or effected prior to the Effective Date.
3.2 Except to the extent amended by this agreement in the manner set out in schedule 3, the terms and conditions of the Facility Agreement will continue in full force and effect and are ratified and confirmed by the parties to this agreement.
3.3 Nothing in this agreement abrogates, prejudices, diminishes or otherwise adversely affects any rights, remedies, obligations or liabilities of the parties to the Facility Agreement arising with respect to any act, matter or thing done or effected or otherwise arising prior to the Effective Date.
Amendments to Facility Agreement. 2.1 The Parties agree that with effect from the date of this Supplemental Agreement (the “Effective Date”), the Facility Agreement shall be amended as follows:
(a) by deleting the definitions of “LIBOR” and “Screen Rate”;
(b) by inserting the definitions referred to in Schedule 1 (Definitions to insert) of this Supplemental Agreement into Clause 1.1 (Definitions) of the Facility Agreement;
(c) by replacing each of the definitions referred to in Schedule 2 (Definitions to replace) of this Supplemental Agreement under the column titled “Current definition” with the corresponding replacement definitions referred to Schedule 2 (Definitions to replace) of this Supplemental Agreement under the column titled “Replacement definition” in place thereof;
(d) by inserting the clause referred to in Schedule 3 (Clause to insert) of this Supplemental Agreement into the Facility Agreement; and
(e) by replacing each of the clauses referred to in Schedule 4 (Clauses to replace) of this Supplemental Agreement under the column titled “Current clause” with the corresponding replacement clauses referred to in Schedule 4 (Clauses to replace) of this Supplemental Agreement under the column titled “Replacement clause” in place thereof.
Amendments to Facility Agreement. Section 1.01. Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 and Section 2.7 thereof) or the Notes, upon the terms and subject to the conditions set forth in this Amendment, the Facility Agreement is hereby amended as follows:
(a) The $3,000,000 September 2018 Tranche 4 Principal Payment shall be deferred to, and shall be due and payable on, the earlier of (y) October 31, 2018 and (z) the first (1st) Business Day following the date the Borrower or any of its Subsidiaries receives the UT Upfront Payment (in either case, subject to any acceleration thereof pursuant to the terms of the Facility Agreement).
(b) The payment of accrued and unpaid interest on the Notes that is due and payable on September 28, 2018 shall be deferred to, and shall be due and payable on, the earlier of October 31, 2018 and the first (1st) Business Day following the date the Borrower or any of its Subsidiaries receives the UT Upfront Payment (in either case, subject to any acceleration thereof pursuant to the terms of the Facility Agreement).
(c) Section 5.4(j) of the Facility Agreement is hereby amended and restated in its entirety to read as follows:
(j) The amount of Cash and Cash Equivalents on the last day of each fiscal quarter (other than a fiscal quarter ending on June 30, 2018, September 30, 2018 or December, 31, 2018) is less than $25,000,000, or is less than $20,000,000 as of June 30, 2018, October 31, 2018 or December 31, 2018.”
Amendments to Facility Agreement. The amendments to the Facility Agreement listed in this Clause 4 shall take effect on and from the Effective Date.
4.1 Clause 1.1 (Definitions) of the Facility Agreement shall be amended by inserting in the appropriate alphabetical order the following new definition:
Amendments to Facility Agreement. With effect on and from the Effective Date the Facility Agreement shall be, and shall be deemed by this Second Supplemental Agreement to be, amended as follows:
5.1.1 the definition of “Mortgage Addendum” contained in clause 1.1 of the Facility Agreement shall be construed to include the Mortgage Addenda required to be provided by the relevant Obligors pursuant to this Second Supplemental Agreement;
5.1.2 all references in the Facility Agreement to Ship F, Ship G, Ship J, Ship K, Ship L and Ship N and Guarantor C, Guarantor D, Guarantor E, Guarantor G, Collateral Guarantor F and Collateral Guarantor G shall be deleted and all clauses in the Facility Agreement shall be construed accordingly;
5.1.3 the following definition shall be added in clause 1.1 of the Facility Agreement:
Amendments to Facility Agreement. Upon the terms and subject to the conditions set forth in this Agreement, effective as of the Effective Date, the Facility Agreement shall hereby be amended as follows:
