Amendments to the Existing ABL Credit Agreement Sample Clauses

Amendments to the Existing ABL Credit Agreement. The Existing ABL Credit Agreement is hereby amended as follows:
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Amendments to the Existing ABL Credit Agreement. (a) Subject to the satisfaction (or waiver in accordance with the terms hereof) of the conditions set forth in Section 4 below, and in reliance upon the representations and warranties of the Loan Parties set forth in the Loan Documents and in this Amendment, the Borrowers, the other Loan Parties party hereto, the Administrative Agent, and the Lenders party hereto, as applicable, agree, effective as of the First Amendment Effective Date, that the Existing ABL Credit Agreement is hereby amended as reflected in the pages of the ABL Credit Agreement attached as Annex A hereto to delete the stricken text (indicated textually in the same manner as the following example: stricken text)) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text). (b) Schedules to the ABL Credit Agreement. i. The Schedules to the ABL Credit Agreement are hereby amended and restated in the form attached as Annex B hereto. ii. Schedule 9.23 is hereby added to the ABL Credit Agreement in the form attached as Annex C hereto.
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Amendments to the Existing ABL Credit Agreement. The Existing ABL Credit Agreement is hereby amended as follows: (a) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting each reference to “$10,000,000” in the definition of “Accelerated Borrowing Base Delivery Event” and by substituting “$7,500,000” in its stead. (b) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting “$100,000,000” in the definition of “Aggregate Commitments” and by substituting “$70,000,000” in its stead. (c) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting the references to “Greater than 67% of the Aggregate Commitments” and “Less than 67% of the Aggregate Commitments but less than or equal to 33% of the Aggregate Commitments” in the definition of “Applicable Margin” and by substituting “Greater than or equal to 67% of the Aggregate Commitments” and “Less than 67% of the Aggregate Commitments but greater than or equal to 33% of the Aggregate Commitments”, respectively in their stead. (d) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting each reference to “$10,000,000” in the definition of “Cash Dominion Event” and by substituting “$7,500,000” in its stead. (e) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting each reference to “$7,500,000” in the definition of “Covenant Compliance Event” and by substituting “$5,000,000” in its stead. (f) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting “and” at the end of clause (z) of the definition of “Permitted Encumbrances”, by deleting “.” at the end of clause (aa) thereof and by substituting “; and” in its stead, and by adding the following new clause (bb) at the end thereof: “(bb) Liens securing Indebtedness incurred under clause (r) of the definition of Permitted Indebtedness, together with any Permitted Refinancing in respect thereof, provided that such Liens shall be subject to the terms of the ABL Intercreditor Agreement.” (g) Section 1.01 (Defined Terms) of the Existing ABL Credit Agreement is hereby amended by deleting “and” at the end of clause (p) of the definition of “Permitted Indebtedness”, by deleting “.” at the end of clause (q) thereof and by substituting “; and” in its stead, and by adding the following new clause (r) at the end thereof: (r) Indebtedness incurred pursuant to the Term Loan Facility in an aggregate...
Sample 1
Amendments to the Existing ABL Credit Agreement. (a) Subject to the satisfaction (or waiver in accordance with the terms hereof) of the conditions set forth in Section 4 below, and in reliance upon the representations and warranties of the Loan Parties set forth in the Loan Documents and in this Amendment, the Borrowers, the other Loan Parties party hereto, the Administrative Agent, and the Lenders party hereto, as applicable, agree, effective as of the First Amendment Effective Date, that the Existing ABL Credit Agreement is hereby amended as reflected in the pages of the ABL Credit Agreement attached as Annex A hereto to delete the stricken text (indicated textually in the same manner as the following example: stricken text)) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text).
Sample 1

Related to Amendments to the Existing ABL Credit Agreement

  • Amendments to the Existing Credit Agreement Upon, and subject to, the satisfaction or waiver in accordance with Section 9.02 of the Existing Credit Agreement of the conditions precedent set forth in Section 2 below, the Existing Credit Agreement is hereby amended as follows: (a) The following new definition is included in Section 1.01 of the Existing Credit Agreement in the proper alphabetical order as follows:

  • Amendments to Existing Credit Agreement Effective on (and subject to the occurrence of) the Effective Date, the Existing Credit Agreement is hereby amended in accordance with this Part II. Except as so amended, the Existing Credit Agreement shall continue in full force and effect.

  • Amendment of the Existing Credit Agreement In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree that, subject to the satisfaction of the conditions precedent set forth in clause 3.1, the Existing Credit Agreement shall, with effect on and from the Amendment Effective Date, be (and it is hereby) amended in accordance with the amendments set out in Schedule 3 and (as so amended) will continue to be binding upon each of the Borrower and the Finance Parties in accordance with its terms as so amended.

  • of the Existing Credit Agreement Subsection 6.4(iii) of the Existing Credit Agreement is hereby amended and restated to read as follows:

  • Amendments to Original Credit Agreement On the Effective Date, the Original Credit Agreement shall be amended as follows: (a) Section 1.02 of the Original Credit Agreement shall be amended by adding the following definitions in appropriate alphabetical order:

  • Amendment and Restatement of the Existing Credit Agreement The parties to this Agreement agree that, upon (i) the execution and delivery by each of the parties hereto of this Agreement and (ii) satisfaction of the conditions set forth in Section 3.01, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation. All loans made and obligations incurred under the Existing Credit Agreement which are outstanding on the Effective Date shall continue as Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness hereof: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Agent”, the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Agent, this Agreement and the Loan Documents, (b) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Effective Date shall continue as Obligations under this Agreement and the other Loan Documents, (c) the Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit and loan exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s outstanding Revolving Credit Advances hereunder reflect such Lender’s Pro Rata Share of the outstanding aggregate Revolving Credit Advances on the Effective Date, (d) the Existing Revolving Credit Advances (as defined in Section 2.01) of each Departing Lender shall be repaid in full (accompanied by any accrued and unpaid interest and fees thereon), each Departing Lender’s “Commitment” under the Existing Credit Agreement shall be terminated and each Departing Lender shall not be a Lender hereunder, and (e) the Borrower hereby agrees to compensate each Lender (including each Departing Lender) for any and all losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurodollar Rate Advances (including the “Eurodollar Rate Advances” under the Existing Credit Agreement) and such reallocation described above, in each case on the terms and in the manner set forth in Section 8.04(c) hereof.

  • Amendments to the Credit Agreement (a) Section 1.01 of the Credit Agreement, Definitions, is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Amendments to Credit Agreement (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Specific Amendments to Credit Agreement Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows: (a) The Credit Agreement is amended by adding the following definitions to Section 1.01 thereof in the appropriate alphabetical location:

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