Amendments to the Guarantee and Collateral Agreement. (a) The definition of “Guarantors” contained in Section 1.1(b) of the Guaranty and Collateral Agreement shall be amended to read in full as follows:
Amendments to the Guarantee and Collateral Agreement. The Guarantee and Collateral Agreement is, effective as of the date on which the conditions precedent set forth in Section 4 have been satisfied, hereby amended as follows:
Amendments to the Guarantee and Collateral Agreement. The Guarantee and Collateral Agreement is hereby amended as follows:
Amendments to the Guarantee and Collateral Agreement. (a) Section 1.02 of the Guarantee and Collateral Agreement is hereby amended by amending the definition of “Secured Obligations” by inserting the following parenthetical immediately before the “.” at the end thereof: “(excluding, for the avoidance of doubt, Excluded Swap Obligations)
Amendments to the Guarantee and Collateral Agreement. (a) The defined term “Excluded Assets” in Section 1.1 (Definitions) of the Guarantee and Collateral Agreement is hereby amended and restated in its entirety to read as follows: Amendment No. 4 to Credit Agreement
Amendments to the Guarantee and Collateral Agreement a) The preamble to the Guarantee and Collateral Agreement is hereby amended by deleting the words “the Borrower” in the sixth and seventh lines thereof and replacing such words, in each case, with the word “Superholdings”.
Amendments to the Guarantee and Collateral Agreement. From and after the Amendment No. 5 Effective Date, the parties hereto agree that the proviso to Section 5.6 of the Guarantee and Collateral Agreement is hereby amended to delete the stricken text (indicated in the same manner as the following example: stricken text) and to add the double-underlined text (indicated in the same manner as the following example: double-underlined text) as set forth below: ; provided, that this Section 5.6 shall not (i) apply to (A) any merger, amalgamation or disposition of a Dormant Subsidiary with and into or to another Dormant Subsidiary and (B) any merger, amalgamation or disposition of any Grantor with and into or to another Grantor, so long as (x) such other Grantor is the surviving or continuing Person, (y) any such merger, amalgamation or disposition with or into a Borrower shall result in such Borrower as the surviving or continuing Person and (z) any such merger, amalgamation or disposition with or into a Grantor that is a Domestic Subsidiary shall result in such Domestic Subsidiary as the surviving or continuing Person or (ii) restrict or otherwise prohibit any Subsidiary that is a Grantor and owns less than $50,000,000 in assets (up to an aggregate amount of $100,000,000 for all such Subsidiaries) from changing its legal name, jurisdiction of organization, structure or the location of its chief executive office or sole place of business, in each case so long as all such transactions and changes are specifically described in the next Compliance Certificate delivered to the Administrative Agent after such transactions and changes pursuant to Section 5.02 of the Credit Agreement. For the avoidance of doubt, this Section 5.6 is a covenant of the Grantors for the purposes of maintaining the validity, perfection and priority of the security interests provided for herein, and shall not operate to restrict or prohibit any transaction otherwise permitted under the Credit Agreement (it being understood and agreed that any failure to comply with this Section 5.6 shall constitute an Event of Default in accordance with the terms of the Credit Agreement).
Amendments to the Guarantee and Collateral Agreement. Section 4 of the Guarantee and Collateral Agreement is hereby amended to insert the phrase “and/or the Centre Point Financing Program” immediately after the phrase “AESOP Financing Program” in clause (d) of the definition of “Excluded Property” contained therein.
Amendments to the Guarantee and Collateral Agreement. (a) Section 5.4.2(i) of the Guarantee and Collateral Agreement is hereby amended by deleting clause (m) of paragraph (i) in its entirety and inserting in lieu thereof the following:
Amendments to the Guarantee and Collateral Agreement. (a) The references to “Silicon Valley Bank” set forth on the cover page and in the recitals of the Guarantee and Collateral Agreement are hereby amended and restated as follows: “Silicon Valley Bank, a division of FIRST-CITIZENS BANK & TRUST COMPANY (successor by purchase to the Federal Deposit Insurance Corporation as receiver for Silicon Valley Bridge Bank, N.A. (as successor to Silicon Valley Bank))”
