Bank Consent. Prior to August 15, 2000, Parent shall have (a) entered into amendments to the Credit Agreements (as described below) such that Parent is not, at the time of entering into such amendments, in default under the Credit Agreements, and (b) obtained all necessary approvals of the Merger and the transactions contemplated hereby from the lenders party to each of the following credit agreements: (i) the Amended and Restated Credit Agreement dated as of June 20, 1997 with Fleet National Bank as agent, (ii) the Credit Agreement dated as of October 7, 1996 with the Dai Ichi Kangyo Bank, Limited, (iii) the Credit Agreement dated as of December 15, 1995 with The Industrial Bank of Japan, Limited, San Francisco Agency ("IBJ") as agent, and (iv) the Credit Agreement dated as of February 7, 1997 with IBJ as agent (the agreements described in clauses (i) through (iv) are, collectively, the "CREDIT AGREEMENTS"), as the Credit Agreements may be amended, modified or restructured prior to or as of the Closing Date (the "BANK CONSENTS").
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (HMT Technology Corp), Agreement and Plan of Reorganization (Komag Inc /De/), Agreement and Plan of Reorganization (HMT Technology Corp)
