Certain Amendments to Syndicated Facility Agreement. The Syndicated Facility Agreement is, subject to the satisfaction of the conditions precedent set forth in Section 3, hereby amended as follows:
Certain Amendments to Syndicated Facility Agreement. The Syndicated Facility Agreement is, subject to the satisfaction of the conditions precedent set forth in Section 3, hereby amended as follows: (a) Sub-clause (3) of the preamble to the Syndicated Facility Agreement is amended and restated in its entirety as follows: “(3) (x) Prior to the consummation of the Merger (as defined below), COMPUTER SCIENCES CORPORATION and (y) following the consummation of the Merger, XXXXXXX SPINCO, INC. (the "Original Guarantor");” (b) Following the consummation of the Merger, all references to “Computer Sciences Corporation” (other than in the definition of “CSC” and sub-clause (3) of the preamble to the Syndicated Facility Agreement (in each case after giving effect to this Amendment) and schedule 12 to the Syndicated Facility Agreement) in the Syndicated Facility Agreement shall be deemed to be references to “Xxxxxxx SpinCo, Inc.”; (c) Clause 1 is amended as follows: (i) The following definitions are added in the appropriate alphabetical order: “Amendment No. 1” means the Amendment of Syndicated Facility Agreement dated as of 10 January, 2017 among the Original Borrowers, CSC, the Lenders party thereto, the MLAB and the Agent. “Amendment No. 2” means that certain Waiver and Amendment No. 2 to the Syndicated Facility Agreement dated as of February 17, 2017 among the Original Borrowers, CSC, the Lenders party thereto and the Agent. “Assumption Agreement” means the Guarantor Assumption Agreement and Joinder entered into by each Original Borrower, CSC and Xxxxxxx in connection with the consummation of the Merger in accordance with Amendment No. 2. “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). “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 ...
