Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended as follows:
(a) Schedule I of the Purchase and Sale Agreement is replaced in its entirety with Schedule I attached hereto.
(b) Schedule II of the Purchase and Sale Agreement is replaced in its entirety with Schedule II attached hereto.
(c) Schedule III of the Purchase and Sale Agreement is replaced in its entirety with Schedule III attached hereto.
(d) Schedule IV of the Purchase and Sale Agreement is replaced in its entirety with Schedule IV attached hereto.
(e) Schedule V of the Purchase and Sale Agreement is replaced in its entirety with Schedule V attached hereto.
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended to incorporate the changes shown on the marked pages of the Purchase and Sale Agreement attached hereto as Exhibit A.
Amendments to the Purchase and Sale Agreement. (a) Each reference to “CONSOL Sales Company” in the Purchase and Sale Agreement shall be deemed a reference to “CONSOL Energy Sales Company”.
(b) The “Definitions” paragraph of the Purchase and Sale Agreement shall be hereby amended and restated in its entirety to read as follows: “Unless otherwise indicated, certain terms that are capitalized and used throughout this Agreement are defined in Exhibit I to the Amended and Restated Receivables Purchase Agreement dated as of April 30, 2007 (as the same may be amended, supplemented or otherwise modified from time to time, the “Receivables Purchase Agreement”) by and among CONSOL Energy Inc., as Servicer, the Company, the Sub-Servicers party thereto, the Conduit Purchasers party thereto, the Purchaser Agents party thereto, the financial institutions from time to time party thereto, as LC Participants, and PNC Bank, National Association, as the Administrator (in such capacity, the “Administrator”) and LC Bank (in such capacity, the “LC Bank”). All references herein to months are to calendar months unless otherwise expressly indicated.”
(c) The Purchase and Sale Agreement is hereby amended by inserting the following new Section 3.2A immediately after Section 3.2 and before Section 3.3 to read as follows:
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended as set forth in this Section 2.
(a) The definition of the term “Title Claim Date” contained in Section 3.4(a) is hereby amended by deleting the words “the date that is thirty (30) days from the date hereof” and substituting the following in lieu thereof: “Thursday, August 28, 2014”
(b) The definition of the term “Environmental Claim Date” contained in Section 4.3 is hereby amended by deleting the words “thirty (30) days from the date hereof” and substituting the following in lieu thereof: “Thursday, August 28, 2014”
(c) Pursuant to Section 9.1(a), Seller and Purchaser hereby agree that the Closing shall take place at the offices of Seller in Dallas, Texas at 9:00 am on Friday, August 29, 2014.
(d) The document attached hereto as Exhibit A shall amend and supersede in its entirety “Exhibit A” attached to the Purchase and Sale Agreement, and all references in the Purchase and Sale Agreement to “Exhibit A” shall be deemed references to Exhibit A attached hereto.
(e) The document attached hereto as Exhibit B shall amend and supersede in its entirety “Exhibit A-1” attached to the Purchase and Sale Agreement, and all references in the Purchase and Sale Agreement to “Exhibit A-1” shall be deemed references to Exhibit B attached hereto.
(f) The document attached hereto as Exhibit C shall amend and supersede in its entirety “Schedule 1.2(d)” attached to the Purchase and Sale Agreement, and all references in the Purchase and Sale Agreement to “Schedule 1.2(d)” shall be deemed references to Exhibit C attached hereto.
(g) The document attached hereto as Exhibit D shall amend and supersede in its entirety “Schedule 5.14” attached to the Purchase and Sale Agreement, and all references in the Purchase and Sale Agreement to “Schedule 5.14” shall be deemed references to Exhibit D attached hereto.
(h) The document attached hereto as Exhibit E shall amend and supersede in its entirety “Schedule 5.17” attached to the Purchase and Sale Agreement, and all references in the Purchase and Sale Agreement to “Schedule 5.17” shall be deemed references to Exhibit E attached hereto.
(i) The document attached hereto as Exhibit F shall amend and supersede in its entirety “Schedule 5.20” attached to the Purchase and Sale Agreement, and all references in the Purchase and Sale Agreement to “Schedule 5.20” shall be deemed references to Exhibit F attached hereto.
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended as follows:
(a) Paragraph 1 of the Background to the Purchase and Sale Agreement is restated in its entirety as follows:
1. The Originators generate Receivables in the ordinary course of their businesses and, from time to time, Mallinckrodt may enter into Sale 714477457 14453709 Agreements (each such agreement, a “Sale Agreement”) with certain Subsidiaries of Parent (each such Subsidiary, a “Sub-Originator”) whereby the Sub-Originators sell Receivables and Related Rights to Mallinckrodt. For purposes of this Agreement, each Receivable of, or generated by, Mallinckrodt shall include each Receivable generated by a Sub-Originator.
(b) Clause (f) of Section 1.1 of the Purchase and Sale Agreement is amended by deleting the words “the Sale Agreement” where they appear therein and substituting “each Sale Agreement” therefor.
(c) Clause (q) of Section 5.1 of the Purchase and Sale Agreement is restated in its entirety as follows:
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended as follows:
(a) With respect to the New Originators, each reference in the Purchase and Sale Agreement to “the Closing Date” or “the date hereof” where applicable to the New Originators shall be deemed to be a reference to “May 6, 2020”.
(b) With respect to the New Originators, each reference in the Purchase and Sale Agreement to “the Cut-Off Date” when applicable to the New Originators shall be deemed to be a reference to “March 31, 2020”.
(c) Schedule I to the Purchase and Sale Agreement is hereby replaced in its entirety with Schedule I attached hereto.
(d) Schedule II to the Purchase and Sale Agreement is hereby replaced in its entirety with Schedule II attached hereto.
(e) Schedule III to the Purchase and Sale Agreement is hereby replaced in its entirety with Schedule III attached hereto.
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended as follows:
(a) Each reference to Ashland LLC in the Purchase and Sale Agreement is hereby replaced with a reference to Ashland Inc.
(b) Existing Schedules I, II, III and IV to the Purchase and Sale Agreement are hereby replaced with new Schedules I, II, III and IV attached to this Amendment.
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is hereby amended by replacing the existing Schedules I, II and III to the Purchase and Sale Agreement with the Schedules I, II and III attached to this Amendment.
Amendments to the Purchase and Sale Agreement. The Purchase and Sale Agreement is amended as follows on the date hereof:
(a) The following parenthetical is added to the Preamble of the Purchase and Sale Agreement immediately after “Upland Exploration, LLC, a Texas limited liability company” and immediately before “(“Exploration”)”: “(doing business in the State of Oklahoma as Upland Exploration Oklahoma, LLC)”
(b) The following definitions are hereby added to Section 1.1 of the Purchase and Sale Agreement in the appropriate alphabetical order:
Amendments to the Purchase and Sale Agreement. 1.1 The first paragraph of the preamble shall be amended in its entirety to read as follows: "THIS RECEIVABLES PURCHASE AND SALE AGREEMENT, dated as of October 25, 2000, is by and among Mohawk Distribution LP, a Delaware limited partnership ("Mohawk Distribution," being hereinafter referred to as an "Originator"), and Mohawk Factoring, Inc., a Delaware corporation ("Buyer"), and replaces and supersedes the following agreements (each, an "Exisiting Agreement") in their entirety:"
1.2 All references to Mohawk Carpet and Carpet LP, as Originators, are hereby amended to refer to Mohawk Distribution, as Originator.
