Comerica Bank. Canada having been designated by Comerica Bank, in its capacity as swing line bank (and as a Bank) under the Credit Agreement to fund Comerica Bank's advances in $C pursuant to Section 11.12 of the Credit Agreement, has executed this Fifth Amendment to evidence its approval of the terms and conditions thereof.
Comerica Bank. Sixth A&R Loan and Security Agreement Page 21 August 31, 2021
Comerica Bank. By: -----------------------
Comerica Bank. Notwithstanding any provision in this Agreement to the contrary (including Sections 3.1 and 4.18), the Investor may transfer a portion of the shares of Common Stock acquired under the Licensing Agreement on the closing date to Comerica Bank-California or its nominee at any time after the date hereof in order to comply with the Investor's obligations under that certain Asset Purchase Agreement between the Investor and Comerica Bank-California dated as of June 2, 2002, provided that Comerica Bank-California will be subject to the one-year holding period requirement under the Licensing Agreement with respect to such shares. In the event Comerica Bank-California transfers all or any portion of any shares transferred to it by the Investor back to the Investor, all such shares transferred back to the Investor will be treated as if they had been continuously held by the Investor from and after the date of original issuance for all purposes of this Agreement. The Company will cooperate with the Investor to facilitate the transfer of any such shares and the issuance of appropriate stock certificates, provided that Comerica Bank-California provides customary investment representations and agreements. [remainder of page intentionally left blank; signature page follows]
Comerica Bank. Insurance Service Center
Comerica Bank. By: /s/ Txxxxx X. Million
Comerica Bank. Collateral Operations, Mail Code 6514
Comerica Bank. Upon the effectiveness of the increase in the Borrowing Base described in this Section 2.2(f)(ii), the Administrative Agent shall adjust the Commitments of the Lenders to correspond to the non-pro rata increase in the Borrowing Base and shall notify the Lenders and the Borrower of such adjusted Commitments and shall provide the Borrower and the Lenders a revised Schedule I reflecting such adjusted Commitments. Each Lender shall be deemed to have entered into an Assignment and Acceptance such that after giving effect to such Assignment and Acceptance the Commitment of each Lender shall equal the adjusted Commitments provided by the Administrative Agent hereunder.
Comerica Bank. $ -------- ------------------------- $ -------- This notification is delivered this day of , , pursuant to Section 3.3 of the Agreement. Except as otherwise defined, capitalized terms used herein have the meanings given them in the Agreement.
Comerica Bank. Secretary Exhibit A Name Signature Steven Albrecht Joseph Aceto Leonard J. Barr II Kristopher Belken Xxxxxxxxx Xxxxon Xxxxxx Xxxioxx Xxx Xxxxxx Xxil Xxxx Xxxxx XxXxce Xxxx X. Xxxxxx Xxxxxx Xxxxxxxe Xxxxxx Xxerxx Xxxxxn Xxxxxxx Xxxry X. Xxxxxxx Xhexxx X. Xxxxxxxxh Xxxxxxx Xxxxgix Xxxxx Xxxxxes Xxxxx Xxxxxx
