Certain Amendments to Credit Agreement. Each of the parties hereto agrees that, effective on the Amendment Effective Date (as defined below) the Credit Agreement shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in Annex I hereto;
Certain Amendments to Credit Agreement. The Credit Agreement is hereby amended, effective on the date this Amendment becomes effective in accordance with Section 4 hereof, as follows:
Certain Amendments to Credit Agreement. The Credit Agreement is, subject to the satisfaction of the conditions precedent set forth in Section 2, hereby amended as follows:
Certain Amendments to Credit Agreement. The Credit Agreement is hereby amended as follows:
Certain Amendments to Credit Agreement. Notwithstanding any provision to the contrary in the Credit Agreement, no amendment or waiver of any encumbrance or restriction in the Credit Agreement on the ability of the Borrower, Holdings or any Subsidiary Loan Party to:
Certain Amendments to Credit Agreement. Each of the parties hereto agrees that, effective on the Amendment Effective Date (as defined below):
Certain Amendments to Credit Agreement. The parties hereto desire to amend the Credit Agreement in order to, among other things, (i) extend the Facility Termination Date such that the Loans shall mature on January 1, 2002, (ii) extend and set certain financial performance covenants, (iii) waive the Existing Default, and (iv) reduce the Commitment and the Aggregate Commitment, with concurrent adjustment to each Lender’s pro rata share of the Loans. Accordingly, the parties agree, subject to the terms and conditions set forth herein, to amend the Credit Agreement as set forth below.
Certain Amendments to Credit Agreement. In reliance upon the representations and warranties set forth in Section 5, the Credit Agreement is amended as follows, effective as of the date hereof when this Agreement is consented to by all the Lenders:
Certain Amendments to Credit Agreement. The Credit Agreement is, subject to the satisfaction of the conditions precedent set forth in Section 3, hereby amended as follows: (a) The initial sentence of the Credit Agreement is amended by replacing the expression “(“Company”)” with the expression “(“CSC”)”. (b) (i) The following definition of “Company” is added to Section 1.01 in the appropriate alphabetical order: “Company” means (x) prior to the consummation of the Merger, CSC and (y) following the consummation of the Merger, Xxxxxxx; (ii) Following the consummation of the Merger, all references to “Computer Sciences Corporation” (other than in the definition of “CSC” and the initial sentence of the Credit Agreement (in each case after giving effect to this Amendment) and schedule 1.01 to the Credit Agreement) in the Credit Agreement shall be deemed to be references to “Xxxxxxx SpinCo, Inc.”; (c) Section 1.01 is amended as follows: (i) The following definitions are added in the appropriate alphabetical order: “Amendment No. 2” means that certain Waiver and Amendment No. 2 to the Credit Agreement dated as of February 17, 2017 among the Borrower, CSC, the Lenders party thereto and the Administrative Agent. “CSC” means Computer Sciences Corporation, a Nevada corporation. “Xxxxxxx” means Xxxxxxx SpinCo, Inc., a Delaware corporation (expected to be reincorporated in Nevada immediately prior to consummation of the Merger). “Form S-4” means the Form S-4 Registration Statement originally filed with the SEC on November 2, 2016, as amended prior to the Guarantor Effective Date (as defined in Amendment No. 2). 2 #89253461v17 “HPE” means Hewlett Packard Enterprise Company, a Delaware corporation. “HPE Exchange Act Report ” means, collectively, the Annual Reports of HPE on Form 10-K, from time to time, the Quarterly Reports on Form 10-Q, from time to time, and the Reports on Form 8-K of HPE filed with or furnished to the SEC from time to time. “Merger” means the merger, pursuant to the Merger Agreement of Merger Sub with and into CSC, with CSC being the surviving entity. “Merger Agreement” means the Agreement and Plan of Merger dated as of May 24, 2016 by and among HPE, Merger Sub and CSC (as amended or otherwise modified from time to time). “Merger Sub” means New Xxxxxxx Merger Sub Inc., a Nevada corporation and a direct, wholly-owned subsidiary of Xxxxxxx. “Separation Agreement” means the Separation and Distribution Agreement dated as of May 24, 2016 between HPE and Xxxxxxx (as amended or otherwise modified ...
Certain Amendments to Credit Agreement. Each of the parties hereto agrees that, effective on the Amendment Effective Date (as defined below) the Credit Agreement shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in Annex I hereto. Any Schedule or Exhibit to the Credit Agreement not amended pursuant to the terms of this Amendment or otherwise included as part of Annex I shall remain in effect without any amendment or other modification thereto.
