Amendments to the Operative Documents Sample Clauses

Amendments to the Operative Documents. From and after the date of this Amendment, but subject to the satisfaction of the conditions set forth in Section 4, each of Lessee, Guarantor, Lessor, the Rent Assignees and the Administrative Agent hereby agree that the Participation Agreement and the Guaranty shall be amended as follows: Fourth Omnibus Amendment (Norfolk Southern) 4884-9418-6657 v6.docx 4283388 (a) Section 9(a) of the Guaranty is hereby amended by deleting the reference to “65%” and substituting “70%” therefor. (b) Section 9(e)(x) of the Guaranty is hereby amended by deleting the reference to “$750,000,000” and substituting “$800,000,000” therefor. (c) Appendix 1 to the Participation Agreement is hereby amended by deleting the following defined term in its entirety and replacing such defined term as follows:
Sample 1
AutoNDA by SimpleDocs
Amendments to the Operative Documents. (a) Pursuant to Subsection 5.09(ii) of the Repurchase Agreement and Subsection 6.9(d) of the Loan Agreement, the Seller and the Servicer, respectively, hereby notify the parties hereto that it (i) has caused the filing of the Certificate of Conversion and Certificate of Formation, each attached hereto as Exhibit A, (the "Filed Documents") in the filing office of the State of Delaware and (ii) shall cause the effectiveness of the Limited Liability Company Agreement as of January 1, 2002 (such date, the "Effective Date"), attached hereto as Exhibit B. (b) As of the Effective Date, the parties hereto consent and agree to amend the Operative Documents so that all references to (i) "Pulte Mortgage Corporation" shall be deemed to be references to "Pulte Mortgage LLC", (ii) with respect to Pulte Mortgage, all references in the Operative Documents to corporation, director(s), certificate of incorporation and bylaws shall be deemed to be references to limited liability company, [manager(s)/member(s)], certificate of conversion, certificate of formation and limited liability company agreement, respectively and (iii) with respect to Pulte Mortgage, all other references in the Operative Documents relating to its status as a corporate entity shall be deemed references relating to its status as a limited liability company.
Sample 1
Amendments to the Operative Documents. From and after the date of this Amendment, but subject to the satisfaction of the conditions set forth in Section 4, each of Lessee, Guarantor, Lessor, the Rent Assignees and the Administrative Agent hereby agree that the Participation Agreement and the Rent Assignment Agreement shall be amended as follows: (a) Section 14.1 of the Participation Agreement is hereby deleted in its entirety and the following is substituted therefor: Third Omnibus Amendment (Norfolk Southern) 4882-3336-7610 v8.doc 4283388
Sample 1
Amendments to the Operative Documents. From and after the date of this Amendment, but subject to the satisfaction of the conditions set forth in Section 6, each of Lessee, Guarantor, Lessor, the Rent Assignees and the Administrative Agent hereby agree that the Participation Agreement and the Construction Agency Agreement shall be amended as follows: (a) Section 3.4(b) of the Participation Agreement is hereby amended by deleting the reference to “a Nonrelated Project Event or”. (b) The Participation Agreement is hereby amended by deleting Section 4.3(a) in its entirety and substituting the following therefor: (a) Lessor hereby directs Lessee to pay to the Administrative Agent, pursuant to the terms of the Lease, the Rent from time to time payable. Notwithstanding anything to the contrary herein or in any other Operative Document, except as provided for in the proviso at the end of this sentence and excluding amounts payable by other Persons which Lessee is required to pay over to Lessor, the Administrative Agent or any Participant (i) Yield, Fees and Contingent Rent due and fees payable prior to the Base Term Commencement Date and (ii) any other Supplemental Rent payable prior to the Base Term Commencement Date shall be payable solely from Advances pursuant to the terms and conditions of Section 3.1 to the extent of the Available Commitments; provided, however, that all payments or other amounts (i) required to be made by Lessee prior to the Base Term Commencement Date pursuant to Article XIII or (ii) payable by Construction Agent pursuant to Section 3.4 or Article V of the Construction Agency Agreement, shall be the direct recourse obligations of Lessee and shall not be payable with Advances. To assist the Lessee in paying Basic Rent, the Administrative Agent will provide the Lessee at least six (6) Business Days prior to the Payment Date with a calculation of Basic Rent for any period, including sufficient detail about calculation of items (such as rates) used in such calculations for Lessee to confirm that such calculations are correct. (c) Section 5.3(b)(ii) of the Participation Agreement is hereby amended by deleting the reference to “or Recourse Amount”. (d) Section 5.3(f) of the Participation Agreement is hereby amended by deleting the reference to “Recourse Amount or”. (e) The Participation Agreement is hereby amended by deleting Section 13.1(b) in its entirety and substituting the following therefor:
Sample 1
Amendments to the Operative Documents. From and after the date of this Amendment, but subject to the satisfaction of the conditions set forth in Section 5, each of Lessee, Guarantor, Lessor, the Rent Assignees and the Administrative Agent hereby agree that the Construction Agency Agreement and Participation Agreement shall be amended as follows: (a) Section 3.1 of the Construction Agency Agreement is hereby amended by deleting clause (c) in its entirety and substituting the following therefor: (c) Notwithstanding anything contained herein or in the other Operative Documents to the contrary, Construction Agent shall not (i) except as set forth in (a) or (b) above, amend, modify or waive any Major Project Agreement or increase any amounts payable by the owner or Lessor thereunder or extend the completion date thereunder or (ii) terminate any Major Project Agreement, exercise any material remedies thereunder, extend the completion date thereunder beyond the Outside Completion Date, or increase the guaranteed maximum price thereunder, in each case without the prior written consent of Xxxxxx and the Administrative Agent. Notwithstanding the forgoing in this clause (c), Construction Agent shall be permitted, without the consent of Lessor or the Administrative Agent, to increase the guaranteed maximum price under the Core and Shell Construction Agreement, from time to time, up to a maximum amount of $321,119,411. Exhibit 10 (uu) (b) Article XVI of the Participation Agreement is hereby amended by adding the following new Section 16.10 at the end thereof:
Sample 1
Amendments to the Operative Documents 
Sample 1Sample 2Sample 3See All (12)

Related to Amendments to the Operative Documents

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • AMENDMENTS TO THE CONTRACT This Contract shall not be altered, amended, or modified by oral representation made before or after the execution of this Contract. All amendments or changes of any kind must be in writing, executed by all Parties.

  • Amendments to the Original Agreement (a) of the Original Agreement is hereby deleted and replaced in its entirety to read as follows:

  • Operative Documents On or before the Closing Date, each of the Operative Documents to be delivered at the Closing shall have been duly authorized, executed and delivered by the parties thereto in substantially the form attached as an Exhibit hereto, shall each be in full force and effect, and executed counterparts of each shall have been delivered to each of the parties hereto.

  • Amendments to Documents The Trust shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 18 hereof forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Prospectuses or Statement of Additional Information of the Trust which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Trust first obtains BISYS' approval of such amendments or changes.

  • Amendments to the Purchase Agreement (a) Section 1.6 of the Purchase Agreement is hereby amended and restated in its entirety as follows:

  • Amendments to the Agreement Except to the extent permitted by the Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of the Portfolio (unless such approval is not required by Section 15 of the Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Portfolio if a majority of the outstanding voting securities of the Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Portfolio affected by the amendment or all the Portfolios of the Trust.

  • Amendments to Loan Documents Upon any such assignment, the Borrower and the Guarantors shall, upon the request of the Agent, enter into such documents as may be reasonably required by the Agent to modify the Loan Documents to reflect such assignment.

  • Amendments to Finance Documents With effect on and from the Effective Date each of the Finance Documents other than the Loan Agreement shall be, and shall be deemed by this Agreement to have been, amended as follows: (a) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and (b) by construing references throughout each of the Finance Documents to “this Agreement”, “this Deed”, hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.

  • Amendments to the Merger Agreement The Merger Agreement is hereby amended as follows:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!