Amendments to the Security Agreement. (a) Section 1.1 of the Security Agreement is hereby amended by adding the following definition in the appropriate alphabetical order:
Amendments to the Security Agreement. A. Section 1.1 of the Security Agreement is hereby amended by deleting the text of the definition of “Lenders” in its entirety and, in lieu thereof, inserting the following: “ ‘Lenders’ means the Lender, as defined in the Loan Agreement, the 2012 Bridge Lenders, and, in each case, their respective successors and assigns.”
B. Section 1.1 of the Security Agreement is hereby amended by deleting the text of the definition of “Obligations” in its entirety and, in lieu thereof, inserting the following: “ ‘Obligations’ shall mean all present and future obligations and liabilities of each of the Grantors to the Secured Party and each of the Lenders under this Agreement and the Loan Documents, including, without limitation, principal of and interest on the Secured Loan, the Convertible Note (as applicable) and the 2012 Bridge Loan, and any and all fees, expenses, indemnities, premiums and any other sum chargeable to the Grantors under this Agreement or any of the other Loan Documents, including, without limitation, interest accruing at the specified rate (including any default rate of interest) after the filing of a petition or commencement of a case by or with respect to the Grantors seeking relief under any applicable federal and state laws pertaining to bankruptcy, reorganization, arrangement, moratorium, readjustment of debts, dissolution, liquidation or other debtor relief, specifically including, without limitation, the Bankruptcy Code and any fraudulent transfer and fraudulent conveyance laws, whether or not the claim for such interest is allowed or allowable in such proceeding, whether due or to become due, secured or unsecured, direct or indirect, absolute or contingent, joint or several, and howsoever or whensoever incurred by each of the Grantors or acquired by the Secured Party or each of the Lenders; and in each case with respect to the foregoing, all such liabilities and obligations that, but of the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, would become due, and all fees, costs and expenses payable by such Grantor under this Agreement.”
C. Section 1.1 of the Security Agreement is hereby amended by deleting the definitions of the terms “Bridge Lenders”, “Bridge Loan” , “Bridge Loan Excluded Collateral” and “Bridge Note” appearing therein.
D. Section 1.1 of the Security Agreement is hereby further amended by inserting the following new defined terms in the appropriate alphabetical order: “ ‘2012 Amendment’ means that c...
Amendments to the Security Agreement. (a) The definition of the term “Securities Purchase Agreement” in the first paragraph of the Security Agreement is hereby amended and restated such that it means, collectively, the April 2015 SPA (as defined below), the May 2015 SPA (as defined below), the November 2016 SPA (as defined below) and the Amendment Agreements (as defined below).
Amendments to the Security Agreement. The Grantor, the Banks and the Agent hereby agree that the Security Agreement shall be amended, effective as of the date hereof and subject to the terms and conditions hereof, as follows:
Amendments to the Security Agreement. Section 1.1 of the Agreement hereby is amended by modifying ----------- the following definition:
Amendments to the Security Agreement. 1. Section 7.4 of the Security Agreement is hereby amended by deleting such Section in its entirety and inserting the following new Section 7.4 in lieu thereof:
Amendments to the Security Agreement. The Security Agreement is hereby amended as follows:
(1) The number "$700,000" in the Preliminary Statement is hereby deleted and replaced with the following: "$750,000"; and
(2) Schedule I to the Security Agreement is hereby deleted in its entirety and replaced by Schedule I attached to this Amendment.
Amendments to the Security Agreement. The Security Agreement is hereby amended as follows:
(1) The number "$750,000" in the Preliminary Statement is hereby deleted and replaced with the following: "$1,150,000 and such other amounts as may be loaned to the Grantor from time to time by the Lenders pursuant to notes of similar tenor to the Senior Secured Notes";
(2) Schedule I to the Security Agreement is hereby deleted in its entirety and replaced by Schedule I attached to this Amendment; and
(3) The parties agree to include the obligations of the Grantor under the Prime Note, as restated in the form of a Senior Secured Note, as Obligations under the Security Agreement.
Amendments to the Security Agreement. Subject to the satisfaction or waiver of the conditions precedent set forth in Section 9 hereof:
(a) Exhibit B of the Security Agreement is hereby amended by deleting the Operating Revenue Escrow Account therefrom.
(b) Exhibit J of the Security Agreement is hereby amended by (i) deleting “Circular Polymers LLC” and “Xxxxxx Americas LLC” from the list of Feedstock Supply Agreements listed therein, (ii) deleting “Xxxxxx Americas, LLC” from the list of Offtake Agreements listed therein, (iii) adding “CellMark USA” and “iSustain Inc.” to the list of Feedstock Supply Agreements listed therein and (iv) adding “Formerra, LLC” to the list of Offtake Agreements listed therein.
Amendments to the Security Agreement. In order to ensure that the liens granted to the holders of the New Notes are on parity with the liens granted to secure the obligations arising under the Senior Notes, the Senior Holders hereby agree and covenant to execute and deliver to the Company an amendment to the Security Agreement in the form annexed hereto as Exhibit A (the “Amended Security Agreement”).
