Amendments to Securities Purchase Agreement. Effective as of the date hereof, the Securities Purchase Agreement is hereby amended as follows (and any such agreements, covenants and related provisions therein shall be deemed incorporated by reference herein, mutatis mutandis, as amended as such):
(i) Section 4(k) of the Agreement is hereby amended and restated in its entirety as follows:
Amendments to Securities Purchase Agreement. Effective on and as of the Fourth Amendment Effective Date (as defined below), pursuant to Section 11.1 of the Securities Purchase Agreement, the Securities Purchase Agreement shall be amended as follows:
(a) Section 1.1 of the Securities Purchase Agreement shall be amended by adding the following new definitions to Section 1.1 in alphabetical order:
Amendments to Securities Purchase Agreement. The Existing Securities Purchase Agreement is hereby amended as follows (the “Securities Purchase Agreement Amendments”):
(a) Section 6.1 of the Existing Securities Purchase Agreement is hereby amended by inserting a new clause (l) at the end thereof to read as follows:
Amendments to Securities Purchase Agreement. Effective on and as of the Third Amendment Date of Effectiveness, pursuant to Section 11.1 of the Securities Purchase Agreement, the Securities Purchase Agreement shall be amended as follows:
(a) Section 1.1 of the Securities Purchase Agreement shall be amended by adding the following new definitions to Section 1.1 in alphabetical order:
Amendments to Securities Purchase Agreement. The Securities Purchase Agreement shall be amended effective as of the date hereof in the manner provided in this Section 2.
Amendments to Securities Purchase Agreement. Pursuant to Section 12.2 of the Securities Purchase Agreement, the Securities Purchase Agreement is hereby amended as follows:
(a) Section 1.1 (Definitions) of the Securities Purchase Agreement is amended by adding the following new definitions to such Section in alphanumerical order:
Amendments to Securities Purchase Agreement. Effective on and as of the First Amendment Effective Date (as defined below), pursuant to Section 12.3 of the Securities Purchase Agreement, the Securities Purchase Agreement shall be amended as follows:
(a) Section 1.1 of the Securities Purchase Agreement shall be amended by adding the following new definitions to Section 1.1 in alphabetical order:
Amendments to Securities Purchase Agreement. The Securities Purchase Agreement is hereby amended as follows:
(a) Section 2(j)(A) shall be deleted in its entirety;
(b) Section 2(j)(B) shall be deleted in its entirety; and
(c) Notwithstanding anything in Sections 4(n)(ii) and 4(n)(iii) to the contrary, the Company shall not be required to comply with either Section 4(n)(ii) or 4(n)(iii), except as to allow the Investor the rights set forth in the following sentence: The Investor shall have the option to participate in such Subsequent Placement with the purchase price of such securities being paid by surrender of outstanding principal amount of the Amended and Restated Note plus any accrued and unpaid interest on such principal and late charges, if any, on such principal and interest.
Amendments to Securities Purchase Agreement. Section 4(w) of the Securities Purchase Agreement is hereby deleted in its entirety and replaced with the following: “IPO Commitment. The Company shall use its best efforts to file with the SEC a registration statement on Form S-1 (or any successor form thereto) to register and sell Common Stock in an IPO (the “IPO Registration Statement”) by no later than December 31, 2016. In the event that the Company has not filed the IPO Registration Statement with the SEC within five (5) months of the Closing Date, then the Company shall not file the IPO Registration Statement with the SEC until at least six (6) months and one (1) day after the Closing Date.” In addition, the last sentence of Section 9(e) of the Securities Purchase Agreement is hereby deleted in its entirety and replaced with the following: “‘Required Buyers” means Buyers holding Notes and the parties holding the 2016 Convertible Notes (as such term is defined in that Consent and Amendment Agreement dated April 1, 2016 between the Company and the other Persons who are parties thereto) having an aggregate outstanding principal amount that represents a majority of the aggregate principal amount of all Notes and 2016 Convertible Notes.”
Amendments to Securities Purchase Agreement. Neither the Company nor Triton PCS Holdings, Inc. shall amend, modify or waive, or refrain from enforcing, any provision of the Securities Purchase Agreement dated October 8, 1997, as amended as of the date hereof, among AT&T Wireless PCS Inc., the Cash Equity Investors (named therein), the Management Stockholders (named therein) and Triton PCS Holdings, Inc., in any manner that would materially alter the obligations of the Cash Equity Investors or the Management Stockholders thereunder to provide additional equity capital to Triton PCS Holdings, Inc. (and to further contribute such equity capital to the Company in the form of Qualified Stock of the Company) until such time as the Company has received subsequent to the Issue Date, net cash proceeds from capital contributions, or sales, in respect of Qualified Stock of the Company equal to at least $122 million; provided, -------- however, such amount shall be reduced to $95 million in the event the Myrtle ------- Beach System is not acquired by the Company on or prior to March 31, 1999 pursuant to the Myrtle Beach Acquisition Agreement.
