AND AGREEMENT. Each such notice shall specify (i) the date (each, an “Increase Effective Date”) on which Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and (ii) the identity of each Eligible Assignee to whom Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.
AND AGREEMENT. This Agreement will become effective upon its ratification by the PEA and the Board. It may be amended by mutual consent of both parties. A meeting to negotiate such amendment proposals shall be held not more than thirty (30) days following a written request for such meeting by either party. Negotiations shall be conducted in accordance with the procedures in this Agreement, but such amendment proposals shall not be permitted during the negotiations period defined in Paragraphs B of Article III, above, except by mutual consent of both parties.
AND AGREEMENT by /s/Tracy McCaffrey --------------------------- Name: Tracy McCaffrey Title: Xxxxxxxxxx Xxxnatory SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: Grayson & Co. To approve Amendment No. 6 and Agreement: by Boston Management and Research, as Investment Advisor, by /s/Payson F. Swaffield ----------------------- Name: Payson F. Swaffield Title: Vixx Xxxxxxxxx SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: Hamilton CDO, Ltd To approve Amendment No. 6 and Agreement: by Stanfield Capital Partners LLC, as its Collateral Manager, by /s/Christopher A. Bondy --------------------------- Name: Christopher A. Bondy Txxxx: Xxxxxxx SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: Harbour Town Funding LLC To approve Amendment No. 6 and Agreement: by /s/Ann E. Morris ------------------------------- Name: Ann E. Morris Title: Axxxxxxxx Xxxx President SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: HSBC Bank USA To approve Amendment No. 6 and Agreement: by /s/Thomas J. Crowley ------------------------ Name: Thomas J. Crowley Titlx: Xxxx Xxxxxxxxx SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: INVESCO European CDO I S.A. To approve Amendment No. 6 and Agreement: by INVESCO Senior Secured Management, Inc., as Collateral Manager, by /s/Joseph Rotondo --------------------------- Name: Joseph Rotondo Title: Xxxxxxxxxx Xxgnatory SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: Jupiter Funding Trust To approve Amendment No. 6 and Agreement: by /s/Ann E. Morris ----------------------- Name: Ann E. Morris Title: Axxxxxxxxx Xxxnt SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: KeyBank National Association To approve Amendment No. 6 and Agreement: by /s/J. T. Taylor --------------------- Name: J. T. Taylor Title: Vixx Xxxxxxxxx SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: KZH CNC LLC To approve Amendment No. 6 and Agreement: by /s/Anthony Iarrobino ------------------------ Name: Anthony Iarrobino Titlx: Xxxxxxxxxx Xxxnt SIGNATURE PAGE TO AMENDMENT NO. 6 AND AGREEMENT dated May 8, 2002 Name of Institution: KZH Crescent LLC To approve Amendment No. 6 and Agreement: by /s/Anthony Iarrobino ----------------------- Name: Anthony Iarrobino Xxxxx: Xxxxxxxxxx Agent SIGNATURE PAGE TO ...
AND AGREEMENT. In consideration of the foregoing and the mutual representations, warranties, covenants and agreements contained herein and in the SPA, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Shareholder undertakes, and the Parties agree, as follows:
AND AGREEMENT. This Amendment shall become effective as of the date hereof (the “Amendment No. 1 and Agreement Effective Date”) when, and only when, each of the following conditions precedent shall have been (or is or will be substantially concurrently therewith) satisfied or waived by the Administrative Agent:
AND AGREEMENT. Person giving consent – I am (tick the applicable box): parent/carer of the person identified in Section 1 the person identified in Section 1 (if student is over 18 years or has independent status)
Student a) Print name of student a: Signature or mark of student a*: Date:
Student b) Print name of student b: Signature or mark of student b*: Date:
Student c) Print name of student c: Signature or mark of student c*: Date:
Student d) Print name of student d: Signature or mark of student d*: Date:
Student e) Print name of student e: Signature or mark of student e*: Date:
a. required to be read aloud (whether in English or in an alternative language or dialect) to the person giving consent and/or:
b. when the person giving consent is an independent student under the age of 18.
AND AGREEMENT by /s/ Chrixxxxxxx X. Xxxxx ------------------------------------ Name: Chrixxxxxxx X. Xxxxx Title: Partner Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $0 -- Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $0 -- Total amount of increase in Revolving Credit Commitment: $0 == by /s/ Chrixxxxxxx X. Xxxxx ------------------------------------ Name: Chrixxxxxxx X. Xxxxx Title: Partner SIGNATURE PAGE TO AMENDMENT NO. 5 AND AGREEMENT dated August 15, 2000 Name of Institution: ML CLO XII PILGRIM AMERICA (CAYMAN), LTD By: PILGRIM INVESTMENTS, INC. AS ITS INVESTMENT MANAGER To approve Amendment No. 5 and Agreement: by /s/ Mark X. Xxxx ------------------------------------ Name: Mark X. Xxxx Title: Assistant Vice President Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $ N/A ----- Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $ N/A ----- Total amount of increase in Revolving Credit Commitment: $ N/A ===== by /s/ Mark X. Xxxx ------------------------------------ Name: Mark X. Xxxx Title: Assistant Vice President
AND AGREEMENT by /s/ Mark X. Xxxd ------------------------------------ Name: Mark X. Xxxd Title: Managing Director by /s/ Richxxx X. Xxxxx ------------------------------------ Name: Richxxx X. Xxxxx Title: Vice President Specify amount of Revolving Credit Commitment increase representing rollover of existing Tranche A Term Loan Commitment: $ Specify amount of Revolving Credit Commitment increase in excess of existing Tranche A Term Loan Commitment (or, if not an existing Revolving Credit Lender, amount of Revolving Credit Commitment to be provided): $ Total amount of increase in Revolving Credit Commitment: $ by ------------------------------------ Name: Title:
AND AGREEMENT. This Attachment 1 is acknowledged and agreed to by Customer. EPIXTAR FINANCIAL CORP. WDR 10/15/02 -------------------------------- -------------------------------- Customer's Initials Date Exhibit A to Attachment 1 to the Billing Services Agreement Certain Fees and Expenses
1). Customer Service Inquiry Fees. Customer is charged a Customer Service Inquiry Fee of $3.25 for each inquiry handled by ACI's Customer Service Department, in addition to any LEC fees. The fee for the transfer of inquiry, as set forth in Article VII (iii), is $0.65 per inquiry transferred, plus any LEC fees.
AND AGREEMENT. As of the date and year first above written, each of the undersigned hereby:
(a) fully consents to the terms and provisions of the above Amendment and the consummation of the transactions contemplated hereby and agrees to all terms and provisions of the above Amendment applicable to it;
(b) agrees that each Guaranty and all other agreements executed by any of the undersigned in connection with the Credit Agreement or otherwise in favor of the Agent or the Lenders (collectively, the "Security Documents") are hereby ratified and confirmed and shall remain in full force and effect, and each of the undersigned acknowledges that it has no setoff, counterclaim or defense with respect to any Security Document;
(c) acknowledges that its consent and agreement hereto is a condition to the Banks' obligation under this Amendment and it is in its interest and to its financial benefit to execute this consent and agreement;
(d) agrees that it will not make any payment, transfer or give or transfer any other consideration in any way to Holbxxx xx any of Holbxxx'x Xxxiliates (other than the Company or Guarantor), whether directly or indirectly, and whether constituting any management, consulting, investment banking, advisory or other fees or payments under any leases or any expense reimbursement or similar payments or any other payments of any kind (including, without limitation, any amounts paid or payable by the Company or any of its Subsidiaries in respect of overhead expense allocations among the members of the affiliate corporate group) or constituting any loans, advances, dividends, distributions, forgiveness of debt or other transfer of any kind to Holbxxx xx any of Holbxxx'x Xxxiliates (other than the Company or Guarantor): provided, however, that the Parent may make payments or transfers to Holbxxx xx such payments or transfers are solely from new common equity proceeds or new Indebtedness (which new Indebtedness incurred by the Parent after the Second Amendment Effective Date shall not exceed $3,000,000 in aggregate amount until the Company is in compliance with all covenants contained in the Credit Agreement without giving effect to the above Amendment or any amendment or modification thereafter and no Event of Default or Unmatured Event has occurred and in continuing) received by the Parent after the Second Amendment Effective Date from the owners of the Parent or other Persons (but not from the Company or any Guarantor, directly or indirectly) and that any suc...
