Amendments to Section 16. Section 16 of the Agreement is hereby deleted and replaced as follows:
Amendments to Section 16. (a) Clauses (iv) and (v) of Section 16(d) of the XXX are hereby amended and restated in their entirety as follows:
Amendments to Section 16. The first sentence of Section 16(b) shall be and hereby is amended and restated as follows: “NIB hereby appoints the Honorary Consulate General of Sweden as its authorized agent (the “Authorized Agent”) upon which process may be served in any action or proceeding based on this Agreement or any Terms Agreement which may be instituted in any State or Federal court in the City and State of New York by any Agent or any person controlling any Agent and (to the fullest extent permitted by law) expressly accepts the jurisdiction of each such court in respect of any such action or proceeding.”
Amendments to Section 16. 1
2.1 Clause (c) of Section 16.1 is hereby amended in its entirety to read as follows: "commence any negotiations or enter into any binding commitments in connection with any action that is reasonably likely to (i) delay, prejudice, or increase the cost of, obtaining Debt Financing; (ii) prejudice the ability of Harbinger to procure the Equity Commitment Letter or delay its procurement in any way; or (iii) prejudice the ability of the Parties to complete the Offer, or delay completion of the Offer in any way, provided that the Company is expressly authorized, after giving prior written notice to Harbinger of each of such negotiations and discussions, to have negotiations and discussions with potential strategic partners so long as any agreement reached as a result of such discussions and negotiations is not binding on the Company or its Subsidiaries unless and until Harbinger gives its prior written consent to such agreement (which consent shall not be unreasonably withheld, conditioned or delayed)"
2.2 Clause (j) of Section 16.1 is hereby amended by deleting the reference to "$1,660,000,000" in the penultimate line thereof, and inserting "$1,680,000,000" in lieu thereof.
Amendments to Section 16. Section 1.6 of the Credit Agreement is hereby deleted in its entirety.
Amendments to Section 16. Section 16 of the Forbearance Agreement is hereby amended by adding to following at the end thereof: “and notices to Secured Swap Provider shall be given to the following: The Bank of Nova Scotia 200 Xxxxx Xxxxxx, 23rd Floor New York, New York 10000 Attention: Bxxxx Xxxxxxx Fax: 200-000-0000 Email: bxxxx.xxxxxxx@xxxxxxxxxx.xxx”
Amendments to Section 16. Section 16 to the Investment Rights Agreement is hereby amended as follows:
(a) The definition of “Deciding Tinicum Holders” is hereby deleted and replaced, in its entirety, with the following:
Amendments to Section 16. SECURED PARTY AS AGENT Subsection 16(a) of the Holdings Pledge Agreement is hereby amended by deleting it in its entirety and substituting the following therefor:
(a) Secured Party has been appointed to act as Secured Party hereunder by Lenders and, by their acceptance of the benefits hereof, Interest Rate Exchangers. Secured Party shall be obligated, and shall have the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including without limitation the release or substitution of Pledged Collateral), solely in accordance with this Agreement and the Credit Agreement; provided that Secured Party shall exercise, or refrain from exercising, any remedies provided for in Section 11 hereof in accordance with the instructions of (i) Requisite Lenders, or (ii) after payment in full of all Obligations under the Credit Agreement and the other Loan Documents, the cancellation or expiration of all Letters of Credit and the termination of the Commitments and after payment in full of all obligations under the Canadian Credit Agreement and under the U.K. Credit Agreement, the cancellation or expiration of all letters of credit and letters of guarantee issued under the Canadian Credit Agreement and letters of credit and guarantees issued under the U.K. Credit Agreement and all bankers' acceptances issued under the Canadian Credit Agreement and the termination of the commitments under the Canadian Credit Agreement and under the U.K. Credit Agreement, the holders of a majority of (A) the aggregate notional amount under all Lender Interest Rate Agreements (including Lender Interest Rate Agreements that have been terminated) or (B) if all Lender Interest Rate Agreements have been terminated in accordance with their terms, the aggregate amount then due and payable (exclusive of expenses and similar payments but including any early termination payments then due) under such Lender Interest Rate Agreements (Requisite Lenders or, if applicable, such holders being referred to herein as "REQUISITE OBLIGEES"). In furtherance of the foregoing provisions of this Section 16(a), each Interest Rate Exchanger, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Pledged Collateral hereunder, it being understood and agreed by such Interest Rate Exchanger that all rights and remedies hereunder may be exercised solely by Secured Party ...
