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 Note. The Note is hereby amended as follows:
Amendments to Note a) As of the Effective Date, Section 4(a) of the Note is hereby deleted in its entirety and replaced with the following:
(a) The principal and unpaid accrued interest of this Note will be automatically converted into Equity Securities on the Effective Date. “Effective Date” shall mean October [ ], 2019. The number of Equity Securities to be issued upon such conversion shall be equal to the quotient obtained by dividing the outstanding principal and unpaid accrued interest due on this Note on the date of conversion, by the Conversion Price. “Conversion Price” shall mean $0.51.”
Amendments to Note. Subject to the satisfaction of condition precedent set forth in Section 2 below, the Note is hereby amended as follows: The first unnumbered paragraph of Section 3 of the Note shall be replaced with the following: "Principal of this Series A Note shall be paid in monthly payments of $58,978.28 and shall be payable on the last day of each calendar month commencing on November 30, 2004; provided, that no principal payment shall be due during the period commencing on February 28, 2005 and ending on January 31, 2006. Monthly payments of $58,978.28 shall re-commence on February 28, 2006. The balance of the principal shall be paid in a single payment on the Loan Expiration Date."
Amendments to Note. As of the Effective Date, the Note is amended as follows:
(a) The reference at the top of page 1 of the Note to “$125,000,000.00” is deleted and replaced with “$100,000,000.00”.
(b) The first paragraph on page 1 of the Note is deleted and replaced with the following: FOR THE VALUE RECEIVED, the undersigned, XXXXX XXXXXXX & CO., a Delaware corporation (“Borrower”), hereby unconditionally promises to pay, to the order of U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Lender”), on the Termination Date (as defined in the Amended and Restated Loan Agreement between Lender and Borrower dated of even date herewith, as the same may from time to time be amended (the “Loan Agreement”; all capitalized terms not otherwise defined shall have the meanings ascribed to them in the Loan Agreement), the principal amount of One Hundred Million Dollars ($100,000,000) or, if less, the aggregate unpaid principal amount of all Advances made by Lender to Borrower and evidenced by this Amended and Restated Revolving Credit Note (as amended, this “Note”), which amount may be borrowed, paid, re-borrowed and repaid, in whole or in part, subject to the terms of this Note and the Loan Agreement.
Amendments to Note. The parties agree that the body of the Note shall remain unchanged but that as of the Effective Date, the payment schedule attached as Exhibit A to the Note is hereby deleted in its entirety and shall be replaced with the payment schedule attached hereto as Exhibit C.
Amendments to Note. The provisions of the Note are hereby amended and modified as follows:
a. The definition of "Maturity Date" is amended and modified by striking the following sentence from page 1 of the Note: The Principal of the Note shall be due and payable, together with any then unpaid interest on November 28, 2006 (the "Maturity Date").
Amendments to Note. (a) The Note is hereby amended by replacing the reference to “7th day of June, 2021” with “30th day of June, 2022”.
Amendments to Note. (a) The total quantum of the Note as set forth in the opening paragraph thereof (and in the line above such paragraph) shall be amended from “TWENTY FIVE MILLION DOLLARS ($25,000,000)” to “FORTY FIVE MILLION DOLLARS ($45,000,000)”.
(b) Section 1(a) of the Note is hereby amended and restated in its entirety as set forth below: “The Borrower hereby covenants and promises to pay to the Payee the aggregate unpaid principal amount of the loan advances made to the Borrower under this Note, together with interest thereon calculated in accordance with the provisions of this Note. Subject to the terms and conditions of this Note and upon satisfaction of the conditions set forth in the closing checklist attached hereto as Exhibit B, the Payee agrees to advance the Borrower a loan or loans in the aggregate original principal amount of $45,000,000. Subject to the satisfaction of the conditions set forth in the closing checklist attached hereto as Exhibit B, on August 9, 2023 the Payee will advance to the Borrower a loan in the aggregate original principal amount of $10,000,000 and, thereafter, until August 11, 2023 (inclusive), the Borrower may request, and the Payee agrees to make, an additional loan advance on any day; provided that, (i) the aggregate principal amount of such additional loan may not exceed the amount by which “Ending WUP Cash” is less than “Accrued Liabilities” (in each case, as set forth in and in accordance with the cash flow forecast delivered to the Payee on the immediately preceding Business Day (which such forecast shall be in form and substance substantially consistent with the cash flow forecast previously circulated between Borrower and Payee on or prior to the date hereof)) as of 5:00 p.m. New York time on the immediately preceding Business Day, (ii) there shall be no more than 3 advances in total and (iii) the aggregate original principal amount of all such advances shall not exceed $15,000,000. On the First Amendment Effective Date (as defined in that certain First Amendment to Secured Promissory Note, dated as of August 15, 2023, made by and among the Borrower, each Guarantor, and the Payee (the “First Amendment”)) and subject to the conditions to effectiveness thereunder or the Business Day immediately following the First Amendment Effective Date, (i) upon request by the Borrower to the Payee, the Payee will advance in a single draw to the Borrower a loan in the aggregate original principal amount of $10,000,000 (such funding date, the...
