Amendments to Note Agreement. 1.1 Amendment of Section 10.4. Section 10.4(c) of the Note Agreement is amended to read in its entirety as follows:
Amendments to Note Agreement. Subject to the terms and conditions hereof, on the Effective Date (as defined below) the Note Agreement is hereby amended, as follows:
(a) Section 7.10 (
Amendments to Note Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 6 below and in reliance on the representations and warranties set forth in Section 4 below, the Note Agreement is hereby amended as follows:
(a) Amendment to Section 1.
Amendments to Note 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 Noteholder hereby agree to amend the Note Agreement as set forth below, effective as of the Amendment Effective Date (as hereinafter defined):
Amendments to Note Agreement. Subject to the satisfaction of the conditions contained herein, Company and PMI hereby amend the Note Agreement as follows:
(a) The following definitions set forth in Section 3.1 of the Note Agreement hereby are, in each case, amended and restated in their entirety to read as follows:
Amendments to Note Agreement. Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties of the Company herein contained, effective as of the Luxco Merger Date, the Company and the Noteholders hereby agree:
(a) Section 10.2 is hereby amended by (i) deleting the text “and” at the end of clause (m) thereof, (ii) replacing the text “.” at the end of clause (n) thereof with the text “; and” and (iii) adding a new clause (o) at the end thereof to read in its entirety as follows: “Acquired Luxco Debt.”
(b) Section 10.3 is hereby amended by (i) deleting the text “and” at the end of clause (g) thereof, (ii) replacing the text “.” at the end of clause (h) thereof with the text “; and”, (iii) adding a new clause (i) at the end thereof to read in its entirety as follows: “Acquired Luxco Liens.”, and (iv) replacing the final paragraph thereof with the following paragraph: “Notwithstanding anything to the contrary in this Agreement, the Company shall not, nor shall it permit any Subsidiary to, mortgage, pledge, grant or permit to exist a security interest in, or other Lien upon, any of its real property now owned or hereafter acquired, except (v) Permitted Encumbrances, (w) any Lien that is existing on the date of this Agreement and set forth on Schedule 10.3, (x) to the extent constituting a Lien, any lease of any Permitted Real Estate, (y) any 57559271 lease of or Lien upon any IRB Property, in each case in connection with any Permitted IRB Financings or Permitted Refinancings thereof, and (z) Acquired Luxco Liens.”
(c) Section 10.6 is hereby amended by (i) deleting the text “and” at the end of clause (m) thereof, (ii) replacing the text “.” at the end of clause (n) thereof with the text “; and” and (iii) adding a new clause (o) at the end thereof to read in its entirety as follows: “Permitted Foreign Subsidiary Investments.”
(d) Section 10.9(i) is hereby amended by adding the text “or with respect to property acquired in the Luxco Merger that are subject to Acquired Luxco Liens, pursuant to restrictions imposed by the Acquired Luxco Debt,” immediately after the text “pursuant to Permitted IRB Financings,”.
(e) Schedule A - Defined Terms is hereby amended by adding the following definitions where alphabetically appropriate:
Amendments to Note Agreement. Effective as of the Effective Date, the Note Agreement is amended as follows:
(a) Section 10.4 of the Note Agreement is hereby amended by deleting the “and” at the end of Section 10.4.10, deleting the “.” at the end of Section 10.4.11 and replacing it with “; and”, and adding the following new Section 10.4.12 immediately thereafter:
Amendments to Note Agreement. Subject to the terms and conditions specified herein, the Agreement is amended as of January 25, 1996 as follows:
1.1 Certain subparagraphs set forth in paragraph 4 of the Note Agreement are hereby amended as follows:
(a) Paragraph 4A of the Note Agreement is hereby amended and restated in its entirety as set forth below:
Amendments to Note Agreement. Effective as of the Fourth Amendment Effective Date:
(a) Section 9.12 of the Note Agreement is hereby amended by amending and restating clause (c) thereof to read as follows:
Amendments to Note Agreement. Each reference in Paragraphs 1A, 1B and 1C of the Note Agreement to a maturity date of "November 30, 1997" for the Series A Notes, the Series B Notes and the Series C Notes is hereby amended to read "January 1, 1998."
