AMENDMENTS TO THE FACILITY AGREEMENT. (a) On the Effective Date, the amendments to the Facility Agreement set out in schedule 1 (Amendments to the Facility Agreement) to this letter will be made to the Facility Agreement to reflect the consent of the Agent (on behalf of the Required Lenders) to the Amendment Request in accordance with paragraph 1 above.
(b) For the avoidance of doubt, clause 8.3 (Minimum Market Value) of the Facility Agreement will not apply whilst the minimum Market Value covenant in clause 24.1 (Minimum Market Value) of the Facility Agreement is suspended.
(c) The amendments to the Facility Agreement in schedule 1 (Amendments to the Facility Agreement) to this letter (other than paragraphs 2, 3, 5, 6, 10, 11 and 12 of schedule 1) and the Agent’s confirmation in paragraph 5 below shall only be effective until the Deferral Date, on which date such amendments will be reversed, such confirmation shall cease to have effect and the rights and remedies available to the Lenders prior to the making of such amendments and such confirmation shall be reinstated in full.
AMENDMENTS TO THE FACILITY AGREEMENT. The Parties agreed to introduce the following amendments to the Facility agreement:
1.1 The table in sub-clause 6.7.2.3 shall be amended and restated as follows: 6.01 and higher 8.75 (Eight point seventy-five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement From 5.01 to 6.0 9.5 (Nine point five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement From 4.01 to 5.0 10.5 (Ten point five) but not higher than the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement 4.0 and less the interest rate calculated as per sub-clause 6.7.1.2 of the Facility agreement
2.1 The following representations are provided by the Borrower as of the date of signing this Amendment agreement:
2.1.1 The Borrower is a legal entity duly incorporated and performing its operations on a legal basis, having rights of title and obligations in respect of its property, assets and revenues for the performance of its current operations as they are.
2.1.2 The Borrower is entitled to sign this Amendment agreement and fulfill the obligations hereunder.
2.1.3 It is not known to the Borrower about any court decision passed in respect of its liquidation (bankruptcy), no decision on voluntary liquidation has been passed by the Borrower, no observation, administration or financial recovery procedure or any similar actions or measures have been taken or performed in respect of the Borrower.
2.1.4 All necessary corporate decisions have been made, all necessary permissions, approvals, agreements, licenses, waivers, registrations, notarizations necessary for signing this Amendment agreement and fulfillment of obligations hereunder have been performed or received by the Borrower.
2.1.5 This Amendment agreement is legal, effective and binding upon the Borrower and may be enforced in respect of the Borrower under the terms and conditions hereof and in accordance with the law.
2.1.6 Undertaking and fulfillment by the Borrower of the obligations hereunder do not entail violation of any of the provisions of the constituent documents and local bylaws of the Borrower, violation of any court decision or administrative ruling, violation of any provisions of the Law.
2.1.7 The Borrower admits that when signing this Amendment agreement the Lender relies upon the representations provided in the clause herein and that the whole responsibility for any of the above mentioned representations being fa...
AMENDMENTS TO THE FACILITY AGREEMENT. 4.1 Subject to the terms of this Second Supplemental Facility Agreement, the Facility Agreement in the form set out Schedule 3 to the Supplemental Facility Agreement shall be amended as follows:-
4.1.1 The existing Clause 11.08 shall be amended by the insertion of the words “or Clause 11.11” after the words “where any amount to be prepaid under Clause 11.03” and prior to the words “is received by the Agent” where they appear therein, by the insertion of the words "if the prepayment is made under Clause 11.03 or in the Surplus Cash Security Account if the prepayment is made pursuant to Clause 11.11” after the words “in a Security Account” and prior to the words “until the end of such Interest Period” where they appear therein and by the insertion of the words “if the prepayment is made under Clause 11.03 or towards reduction of the amounts outstanding under the Facility if the prepayment is made under Clause 11.11” at the end of such Clause 11.08.
4.1.2 The existing Clause 11.10 shall be amended by the insertion of the words “or Clause 11.12” after the words “Clause 11.03” and prior to the words “be applied immediately towards” where they appear therein.
4.1.3 The following additional Clauses 11.11 and 11.12 shall be inserted in the Facility Agreement following the existing Clause 11.10:-
AMENDMENTS TO THE FACILITY AGREEMENT. The Facility Agreement is hereby amended as follows:
1.1 Notwithstanding any provision of the Facility Agreement to the contrary, the Guarantee Commission Fee shall be zero (0) basis points per annum (or such other level of Guarantee Commission Fee as may be determined by the board of directors of EFSF and approved by the Guarantors as applicable to the Facilities from time to time) applied to the relevant Financial Assistance Amount, provided, for the avoidance of doubt, that such reduction of the Guarantee Commission Fee shall not give rise to any right of reimbursement or reduction of any Guarantee Commission Fee that is accrued or has been paid prior to the date when this Agreement becomes effective.
1.2 In Clause 6(2) of the Facility Agreement, the reference to "Clause 4(2)(g)" shall be replaced by a reference to "Clause 4(2)(h)".
1.3 All other Clauses remain unchanged.
AMENDMENTS TO THE FACILITY AGREEMENT. The Facility Agreement is hereby amended as follows:
1.1 Notwithstanding any provision of the Facility Agreement to the contrary, the Guarantee Commission Fee shall be zero (0) basis points per annum (or such other level of Guarantee Commission Fee as may be determined by the board of directors of EFSF and approved by the Guarantors as applicable to the Facilities from time to time) applied to the relevant Financial Assistance Amount, provided, for the avoidance of doubt, that such reduction of the Guarantee Commission Fee shall not give rise to any right of reimbursement or reduction of any Guarantee Commission Fee that is accrued or has been paid prior to the date when this Agreement becomes effective.
1.2 All other Clauses remain unchanged.
AMENDMENTS TO THE FACILITY AGREEMENT. 4.1 Subject to the terms of this Supplemental Facility Agreement, the Facility Agreement shall be amended and restated in the form set out as Schedule 3 to this Supplemental Facility Agreement.
4.2 Subject to the terms of this Supplemental Facility Agreement, the Facility Agreement shall remain in full force and effect. This Supplemental Facility Agreement and the Facility Agreement shall be treated as one document so that, upon the Facility Agreement being amended and restated as mentioned above, all references to the Facility Agreement shall be treated as references to the Facility Agreement set out as Schedule 3 to this Supplemental Facility Agreement.
AMENDMENTS TO THE FACILITY AGREEMENT. 2.1 Subject to the satisfaction of the condition in Clause 4 below, the Facility Agreement is amended as follows:
(a) The definition of "Banks" in Clause 1.1 shall include the Extending Banks.
AMENDMENTS TO THE FACILITY AGREEMENT. 2.1 The parties agree that further Advance(s) may be made by the Lender to the Borrower despite the termination of the Participation Agreement on the date of this Amendment. With respect to this:
2.1.1 The words “pursuant to Article V of the Participation Agreement” in the definition of “Advance” in Section 1 of the Facility Agreement are hereby deleted.
2.1.2 The definition of “Term” in Section 1 of the Facility Agreement is hereby deleted in its entirety and replaced by the following:
AMENDMENTS TO THE FACILITY AGREEMENT. 4.1 Subject to the terms of this Supplemental Mezzanine Facility Agreement, the Mezzanine Facility Agreement shall be amended and restated in the form set out as Schedule 3 to this Supplemental Mezzanine Facility Agreement.
4.2 Subject to the terms of this Supplemental Mezzanine Facility Agreement, the Mezzanine Facility Agreement shall remain in full force and effect. This Supplemental Mezzanine Facility Agreement and the Mezzanine Facility Agreement shall be treated as one document so that, upon the Mezzanine Facility Agreement being amended and restated as mentioned above, all references to the Mezzanine Facility Agreement shall be treated as references to the Mezzanine Facility Agreement set out as Schedule 3 to this Supplemental Mezzanine Facility Agreement.
AMENDMENTS TO THE FACILITY AGREEMENT. 2.1 From and after the date hereof the Facility Agreement shall be read and construed as if:-
2.1.1 references therein to "this Agreement", "hereunder", "herein", "hereof" and all like terms were references to the Facility Agreement as amended, varied and supplemented by this Agreement;
2.1.2 Clause 5.3(E)(i) had been substituted with the following:-
