Certain Exhibits. The parties acknowledge that they have not yet finalized the documents to be attached to this Agreement as Exhibits 8.1(7), 8.1(12), 8.1(13), 8.2(6) and 8.2
Certain Exhibits. 1. Agreements Relating to Financing Debt, Real Property, etc......................2 2.2. Organization and Business......................................................3 2.3. Quarterly Updates..............................................................3 3. Security................................................................................4 3.1.
Certain Exhibits. Exhibit B-1 (Loan Cancellation Agreement) to the Securities Purchase Agreement is herby removed in its entirety and replaced with the Loan Cancellation and Note Assignment Agreement, which is attached hereto as Annex 1,
Certain Exhibits. Exhibit C (Borrower's Certificate), Exhibit E-1 (Request for Receivables Loan Advance and Certification), Exhibit E-2 (Receivables Assignment) and Exhibit F (Request for Inventory Loan Advance and Certification) to the Original Loan Agreement shall be amended and restated in their entirety by substituting in lieu thereof, those forms of Exhibits B, C, D and E, respectively, attached to this Amendment.
Certain Exhibits. In order to induce the Symphony Funds to enter into the Credit Documents, including this Agreement, each of the Obligors jointly and severally represents and warrants as follows:
2.1. AGREEMENTS RELATING TO FINANCING DEBT, REAL PROPERTY, ETC. Exhibit 2.1, as from time to time hereafter supplemented in accordance with Section 2.3, sets forth, as of the later of the date hereof or the end of the most recent fiscal quarter:
2.1.1. The amounts (as of the dates indicated in Exhibit 2.1, as so supplemented) of all Financing Debt of the Company and its Subsidiaries and all agreements, Liens and guarantees which relate to such Financing Debt.
2.1.2. All real property owned by the Company or any of its Subsidiaries or leased from an Affiliate of the Company.
2.1.3. Material license agreements with respect to the products of the Company and its Subsidiaries, including the parties thereto and the expiration dates thereof.
2.1.4. All trademarks, tradenames, service marks, service names and patents owned by the Company and its Subsidiaries that are registered with the federal Patent and Trademark Office (or with respect to which applications for such registration have been filed).
2.1.5. All copyrights owned by the Company and its Subsidiaries that are registered with the federal Copyright Office.
2.1.6. All internet domain names owned by the Company and its Subsidiaries and the related registry information.
2.1.7. All commercial tort claims owned by the Company and its Subsidiaries and related information with respect to the status of the proceedings.
2.1.8. All bank and deposit accounts owned by the Company and its Subsidiaries. The Company has furnished the Symphony Funds correct and complete copies of any agreements described above in this Section 2.1 requested by the Symphony Funds.
Certain Exhibits. The forms of Exhibit A (Compliance Certificate), Exhibit B (Note), and Exhibit C (Pricing Certificate) to the Credit Agreement are hereby deleted in their entirety, and Exhibits E, F and G hereto are hereby substituted in lieu thereof as Exhibits A, B and C to the Credit Agreement. All Notes heretofore executed and delivered to Lenders under the Credit Agreement shall remain valid and in force and effect and need not be surrendered in exchange for a new Note in the form attached hereto as Exhibit F (the "New Form"). All Notes issued on and after the date hereof shall be substantially in the form of the New Form ("New Form Notes"). No New Form Note shall be issued to any Lender which holds any Note based on the prior form (an "Old Form Note") unless and until such Lender shall have surrendered all of such Old Form Notes to the Borrower in exchange for one or more New Form Notes.
Certain Exhibits. The form of Exhibit C to the Loan Agreement is hereby replaced with Exhibits C-1 and C-2 to this Amendment.
Certain Exhibits. To Seller's Knowledge, Exhibits A, B, C and D hereto set forth materially complete and accurate descriptions of all Leases, Xxxxx, the Gathering System and Easements, respectively.
Certain Exhibits. (i) Exhibit G is hereby modified by adding the following at the end of Section 1 thereof: "Notwithstanding the foregoing, Assignee is not assuming any liabilities or obligations with respect to "Tenant Environmental Claims' as defined in the Holdback Escrow Agreement between Assignor and Assignee dated the date hereof".
(ii) Exhibit H is hereby modified by adding the following at the end of Section 1(C)(iii): "other than claims or causes of action which are Assignor's obligations under Section 5.4 of the Purchase Agreement".
Certain Exhibits. Exhibits A and B to the Second Amendment are hereby amended and restated in their entirety to read as set forth on, respectively, Exhibit A and Exhibit B to this Amendment.
