Amendments to Guaranties Sample Clauses

Amendments to Guaranties. Each Guaranty is hereby amended as follows: (a) Mercator Momentum Fund III, L.P., a California limited partnership shall be a party to and a "Lender" under each Guaranty. For greater certainty, the term "Lenders" shall mean, collectively, Mercator Momentum Fund, L.P., a California limited partnership, Mercator Momentum Fund III, L.P., a California limited partnership, and Mercator Focus Fund, L.P., a California limited partnership and the term "Lender" shall mean any of them.
Sample 1Sample 2
AutoNDA by SimpleDocs
Amendments to Guaranties. Effective as of the date of satisfaction of the conditions precedent set forth in Section 3 below, each Guaranty is hereby amended as follows: (a) Section 2 of each Guaranty is amended to amend and restate the first sentence thereof in its entirety as follows: “Each of the Guarantors hereby unconditionally guarantees, jointly and severally with the other Guarantors, the full and punctual payment and performance when due (whether at stated maturity, upon acceleration or otherwise) of the Secured Obligations, including, without limitation, (i) the principal of and interest on each Advance made to the Borrower pursuant to the Credit Agreement, (ii) any Reimbursement Obligations of the Borrower or the performance by it of such Reimbursement Obligations, (iii) all other amounts payable by the Borrower under the Credit Agreement and the other Loan Documents, including, without limitation, all Rate Management Obligations, and (iv) the punctual and faithful performance, keeping, observance, and fulfillment by the Borrower of all of the agreements, conditions, covenants, and obligations of the Borrower contained in the Loan Documents (all of the foregoing being referred to collectively as the “Guaranteed Obligations”; (provided, however, that the definition of “Guaranteed Obligations” shall not create any guarantee by any Guarantor of (or grant of security interest by any Guarantor to support, as applicable) any Excluded Swap Obligations of such Guarantor for purposes of determining any obligations of any Guarantor)).” (b) Section 4 of each Guaranty is amended to amend and restate the third sentence thereof in its entirety as follows: “If at any time any payment of the principal of or interest on any Advance or Reimbursement Obligation or any other amount payable by the Borrower or any other party under the Credit Agreement, any agreement evidencing a Rate Management Transaction or any other Loan Document (including a payment effected through exercise of a right of setoff) is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise (including pursuant to any settlement entered into by a Holder of Secured Obligations in its discretion), each of the Guarantors’ obligations hereunder with respect to such payment shall be reinstated as though such payment had been due but not made at such time.” (c) The following new Section 23, with respect to the Domestic Guaranty and the Canada Guaranty, and S...
Sample 1
Amendments to Guaranties. The introductory paragraph and recitals of the ------------------------ Guaranty dated as of March 12, 1997, executed and delivered under the Credit Agreement by Matrix Financial Services Corporation, Matrix Funding Corporation, United Capital Markets, Inc., United Financial, Inc., United Special Services, Inc., Vintage Delaware Holdings, Inc., Vintage Financial Services Corporation (now named First Matrix Investment Services Corp.), and The Vintage Group, Inc., and the Guaranty dated as of March 12, 1997, re-executed and delivered by First Matrix Investment Services Corp., in each case in favor of Bank One, Texas, N.A., as Agent for Lenders, are each entirely amended as follows: THIS GUARANTY is executed as of March 12, 1997, by the undersigned (each a "Guarantor") for the benefit of U.S. BANK NATIONAL ASSOCIATION (as successor to Bank One, Texas, N.A., in its capacity as Agent for the Lenders now or in the future party to the Credit Agreement described below, "Agent"). MATRIX BANCORP, INC., a Colorado corporation formerly named Matrix Capital Corporation ("Borrower"), Agent, and Lenders have executed the Credit Agreement (as renewed, extended, amended, or restated, the "Credit Agreement") dated as of March 12, 1997. The execution and delivery of this guaranty are requirements to Agent's and Lenders' execution of the Credit Agreement, are integral to the transactions contemplated by the Loan Documents, and are conditions precedent to Lenders' obligations to extend credit under the 3 Seventh Amendment ----------------- Credit Agreement. The execution and delivery of this guaranty in no way constitute a condition to or inducement to any Lender to extend any other credit to any Guarantor.
Sample 1
Amendments to Guaranties. In respect of the Borrowers' request for clarification of certain provisions in existing Guaranties, the Relevant Required Lenders authorize the Administrative Agent to enter into amendments to those Guaranties in substantially the forms of the attached EXHIBITS G-3, X-0, X-0, X-0, xxd I-6.
Sample 1
Amendments to Guaranties. Southwestern or Enogex may from time to time and at any time amend the Southwestern Guaranty or the Enogex Guaranty, respectively, without the prior written consent of the holders of Outstanding Notes, (i) to add to the covenants of Southwestern or Enogex, as the case may be, such further covenants, restrictions, conditions or provisions for the protection of the holders of the Notes as the Governing Body and the Trustee shall consider to be for the protection of such holders of Notes, (ii) to cure any ambiguity or to correct or supplement any provision contained in such Guaranty which may be defective or inconsistent with any other provision contained in such Guaranty, provided that the amendment shall not adversely affect the rights of any holder of Outstanding Notes or (iii) to evidence the succession of another corporation to the Company, to the extent such succession is in accordance with the terms of this Indenture, and the assumption by any such successor of the covenants of the Company contained herein or otherwise established with respect to the Notes. The Trustee is hereby authorized to join with Southwestern or Enogex in the execution of any such amendment, and to make any further appropriate agreements and stipulations which may be therein contained, but the Trustee shall not be obligated to enter into any such amendment which affects the Trustee’s own rights, duties or immunities under this Indenture, the Guaranties or otherwise.
Sample 1
Amendments to Guaranties. Section 5.1. SUPPLIER'S GUARANTEE -- RECITAL. The reference to the amount of "$31,000,000" in the first Whereas clause of the Supplier's Guaranty shall be amended to read "$44,000,000".
Sample 1

Related to Amendments to Guaranties

  • Amendments to Security Documents Except to the extent otherwise expressly set forth in the Guarantee and Security Agreement or the other Loan Documents, no Security Document nor any provision thereof may be waived, amended or modified, nor may the Liens granted under the Guarantee and Security Agreement be spread to secure any additional obligations (excluding (x) any increase in the Loans and Letters of Credit hereunder pursuant to a Commitment Increase under Section 2.08(e), (y) any increase in any Other Secured Indebtedness or Shorter Term Secured Indebtedness permitted hereunder and (z) the spreading of such Liens to any Designated Indebtedness or Hedging Agreement Obligations (as defined in the Guarantee and Security Agreement) as provided for in the Guarantee and Security Agreement), except pursuant to an agreement or agreements in writing entered into by the Borrower, and by the Collateral Agent with the consent of the Required Lenders; provided that, (i) except as otherwise expressly permitted by the Loan Documents, without the written consent of each Lender and each Issuing Bank, no such agreement shall release all or substantially all of the Obligors from their respective obligations under the Security Documents and (ii) except as otherwise expressly permitted by the Loan Documents, without the written consent of each Lender and each Issuing Bank, no such agreement shall release all or substantially all of the collateral security or otherwise terminate all or substantially all of the Liens under the Security Documents, alter the relative priorities of the obligations entitled to the Liens created under the Security Documents (except in connection with securing additional obligations equally and ratably with the Loans and other obligations hereunder) with respect to all or substantially all of the collateral security provided thereby, except that no such consent shall be required, and the Administrative Agent is hereby authorized (and so agrees with the Borrower) to direct the Collateral Agent under the Guarantee and Security Agreement to, and in addition to the rights of such parties under the Guarantee and Security Agreement, the Administrative Agent and the Collateral Agent under the Guarantee and Security Agreement may, (1) release any Lien covering property (and to release any such guarantor) that is the subject of either a disposition of property not prohibited hereunder (including, without limitation, any property subject to a participation or repurchase transaction) or a disposition to which the Required Lenders or the required number or percentage of Lenders have consented (and such Lien shall be released automatically (A) to the extent provided in Section 10.03 of the Guarantee and Security Agreement and (B) to the extent permitted hereunder in connection with any property becoming subject to a participation or repurchase transaction), and (2) release from the Guarantee and Security Agreement any “Subsidiary Guarantor” (and any property of such Subsidiary Guarantor) that is designated as a “Designated Subsidiary” or becomes an Excluded Asset or an Immaterial Subsidiary in accordance with this Agreement or is otherwise no longer required to be a “Subsidiary Guarantor” (including, without limitation, because it ceases to be consolidated on the Borrower’s financial statements), so long as immediately after giving effect to any such release under this clause (2) and any Concurrent Transactions, (A) the Covered Debt Amount does not exceed the Borrowing Base and the Borrower delivers a certificate of a Financial Officer to such effect to the Administrative Agent, (B) either (I) the amount of any excess availability under the Borrowing Base immediately prior to such release is not diminished as a result of such release or (II) the Adjusted Gross Borrowing Base immediately after giving effect to such release is at least 110% of the Covered Debt Amount and (C) no Event of Default has occurred and is continuing.

  • 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 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 Obligations The Trust shall regularly consult with each of FIIOC and FSC regarding their respective performance of their obligations. In connection therewith, the Trust shall submit to each of FIIOC or FSC, as applicable, at a reasonable time in advance of filing with the SEC copies of any amended or supplemented registration statements (including exhibits) under the Securities Act of 1933, as amended, and the 1940 Act, a reasonable time in advance of their proposed use, copies of any amended or supplemented forms relating to any plan, program or service offered by the Trust. Any change in such material which would require any change in the obligations of FIIOC or FSC, as applicable, hereunder shall be subject to approval by FIIOC or FSC, as applicable, which shall not be unreasonably withheld.

  • Amendments to Security Agreement (a) Section 1 of the Security Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order to such Section:

  • Amendments to Loan Documents Upon any such assignment, the Borrower and the Guarantors shall, upon the request of the Agent, enter into such documents as may be reasonably required by the Agent to modify the Loan Documents to reflect such assignment.

  • Amendments to Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendments to Agreements The Company shall not amend, modify or otherwise change the Warrant Agreement, Trust Agreement, Registration Rights Agreement, Purchase Agreements, the Services Agreement, or any Insider Letter without the prior written consent of the Representative which will not be unreasonably withheld. Furthermore, the Trust Agreement shall provide that the trustee is required to obtain a joint written instruction signed by both the Company and the Representative with respect to the transfer of the funds held in the Trust Account from the Trust Account, prior to commencing any liquidation of the assets of the Trust Account in connection with the consummation of any Business Combination, and such provision of the Trust Agreement shall not be permitted to be amended without the prior written consent of the Representative.

  • Amendments to Lease The Lease is hereby amended as follows:

  • 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.

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