Amendments to the Existing Loan Agreement. (a) Upon satisfaction of the conditions set forth in Section 3 hereof, the Existing Loan Agreement is hereby amended as follows:
(i) Exhibit A attached hereto sets forth a clean copy of the Loan Agreement as amended hereby;
(ii) In Exhibit B hereto, deletions of the text in the Existing Loan Agreement (including, to the extent included in such Exhibit B, each Schedule or Exhibit to the Existing Loan Agreement) are indicated by struck-through text, and insertions of text are indicated by bold, double-underlined text.
Amendments to the Existing Loan Agreement. (a) The Existing Loan Agreement shall be amended as follows effective as of the date hereof (except as otherwise noted):
(i) The following defined terms are hereby added, in appropriate alphabetical order, or amended and restated, as applicable, in Section 1.1 of the Existing Loan Agreement, as set forth below:
Amendments to the Existing Loan Agreement. The Existing Loan Agreement is amended as set forth below:
(I) SECTION 1.1
Amendments to the Existing Loan Agreement. Subject to the terms and conditions of this Agreement, including, without limitation, the conditions to effectiveness set forth in Section 3 below:
(a) Section 1.1 of the Existing Loan Agreement is hereby amended by adding the following defined terms, in appropriate alphabetical order:
Amendments to the Existing Loan Agreement. (a) Amendment to Section 1.1. The following new definitions are hereby inserted into Section 1.1 of the Existing Loan Agreement in the appropriate alphabetical order: “First Amendment - the First Amendment to Third Amended and Restated Term Loan and Security Agreement, dated as of March 19, 2015 by and among the Borrowers, the Guarantors party thereto, the Lenders party thereto and the Agent.” “First Amendment Effective Date - March 19, 2015.”
Amendments to the Existing Loan Agreement. (a) Amendment to Section 1.1. The following new definitions are hereby inserted into Section 1.1 of the Existing Loan Agreement in the appropriate alphabetical order: “Original Tranche B U.S. Term Loan – as defined in Section 2.1.1.” “Applicable Premium Trigger Event – (i) any prepayment by any Loan Party of all, or any part, of the principal balance of any Term Loan for any reason (including, but not limited to, any optional prepayment or mandatory prepayment, and distribution in respect thereof, and any refinancing thereof), whether in whole or in part, and whether before or after (x) the occurrence of an Event of Default, or (y) the commencement of any Insolvency Proceeding, and notwithstanding any acceleration (for any reason) of the Obligations; provided, that any payment required to be made pursuant to Section 5.2.2 shall not constitute an Applicable Premium Trigger Event; (ii) the acceleration of the Obligations for any reason, including, but not limited to, acceleration in accordance with Section 11.2, including as a result of the commencement of an Insolvency Proceeding; (iii) the satisfaction, release, payment, restructuring, reorganization, replacement, reinstatement, defeasance or compromise of any of the Obligations in any Insolvency Proceeding, foreclosure (whether by power of judicial proceeding or otherwise) or deed in lieu of foreclosure or the making of a distribution of any kind in any Insolvency Proceeding to the Agent, for the account of the Lenders in full or partial satisfaction of the Obligations; or (iv) the termination of this Agreement for any reason. For purposes of the definition of the term Early Termination Fee, if an Applicable Premium Trigger Event occurs under clause (ii), (iii) or (iv), the entire outstanding principal amount of the Term Loan shall be deemed to have been prepaid on the date on which such Applicable Premium Trigger Event occurs.”
Amendments to the Existing Loan Agreement. Each of the Obligors and the Sprott Lender Parties agree to amend the Existing Loan Agreement as follows:
(a) Section 2(f) of the Existing Loan Agreement is hereby amended by deleting the first sentence thereof and replacing it with the following: “Subject to Section 2(g), each Advance shall bear interest from the Funding Date of such Advance (if before June 30, 2027) to June 30, 2027, at the rate of TEN per cent (10.0%) per annum and from the later of the Funding Date and June 30, 2027 to the date of repayment in full, at the rate of FIFTEEN per cent (15.0%) per annum, in each case, calculated and payable annually in arrears as set out in this Section 2(f).”
(b) Section 2(h) of the Existing Loan Agreement is hereby deleted in its entirety and replaced with the following:
Amendments to the Existing Loan Agreement. Effective as of the date of this Amendment:
(a) Section 2.12(c) of the Existing Loan Agreement is hereby amended by adding the following at the end thereof: "Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, if Rabobank shall at any time, at its option and solely in its capacity as a Lender, elect to limit distributions to Rabobank as a Lender as set forth below, then Rabobank shall deliver written notice thereof to the Borrower and the Master Servicer (any such notice, a `Rabobank Dilution Reserve Notice'). If Rabobank shall deliver a Rabobank Dilution Reserve Notice, then, to the extent there is any Incremental Rabobank Excess Loss Amount (as defined below) on any Settlement Date, the aggregate amount distributed to Rabobank in its capacity as a Lender on such Settlement Date pursuant to this Section 2.12(c) will be reduced by such Incremental Rabobank Excess Loss Amount and the amount of such reduction shall be held in the Concentration Account solely for the benefit of Rabobank in such capacity (the aggregate amount so held, less any amounts applied pursuant to the following sentence, the "Rabobank Dilution Reserve"). If, on any Settlement Date after a Rabobank Dilution Reserve shall have been established, there are any Dilution Factors, other than Contractual Reductions, relating to Eligible Receivables owned by the Borrower on the Facility Termination Date in respect of which the Sellers have failed to make the payments required pursuant to this Agreement during the period from the preceding Settlement Date (or, in the case of the first Settlement Date following the establishment of the Rabobank Dilution Reserve, from the Facility Termination Date) to such Settlement Date, then on such Settlement Date the Master Servicer will distribute to Rabobank from the Rabobank Dilution Reserve the lesser of (x) the Rabobank Percentage (as defined below) of the aggregate amount of such Dilution Factors and (y) the amount of the Rabobank Dilution Reserve. (If the Sellers shall subsequently make the payments required hereunder with respect to any such Dilution Factors, the Rabobank Percentage of such payments shall be held in the Collections Account as part of the Rabobank Dilution Reserve.) On the first Settlement Date to occur after the day which is 130 days after the Facility Termination Date, any remaining Rabobank Dilution Reserve shall be paid as directed in a writing delivered by Rabobank to the Master Servic...
Amendments to the Existing Loan Agreement. Effective upon the satisfaction of the conditions precedent set forth in Article 5 hereof, the Existing Loan Agreement is hereby amended as follows:
(a) Article I is amended by:
(i) Adding the following new definition in the appropriate alphabetical order:
Amendments to the Existing Loan Agreement. SECTION 2.1 AMENDMENTS TO SECTION 1.1
