Conditional Amendments. So long as each of the Amendment Conditions has been satisfied by March 31, 2024, then all of the Conditional Amendments will automatically be effective on April 1, 2024. For the avoidance of doubt, in the event the Offering Completion Date occurs after March 31, 2024, then none of the Conditional Amendments will be effective and this Amendment will be null and void.
Conditional Amendments. The NAFIN Transaction shall not take place prior to the purchase by Aeroinvest of all the shares directly or indirectly held by VASA in
Conditional Amendments. (a) Clauses 4, 5, 6, 7.1 and 8 of this Agreement take effect only upon and from Completion.
(b) Each of the Consenting Parties and DBCP Jersey each agree (i) to vote all of their respective shares in UBEL as shareholders in favor of the amendments set forth in Annex A and (ii) to procure, in their respective capacities as persons with the right to appoint directors on the boards of UBEL, UB Group and its subsidiaries, that the Second Supplemental Agreement be approved by and executed on behalf of such company that is a party thereto; provided that in the event Completion shall not occur on or before 30 June 2003, the undertaking in this Clause 3(b) shall lapse and be of no further effect.
Conditional Amendments. If the provisions (and any related definitions) of the Pre-Export Credit Agreement (including any refinancing indebtedness thereof) corresponding with the provisions set forth in Exhibit 1.129 (in each case reflecting the terms of such provisions as set forth herein without giving effect to the Conditional Amendments)
Conditional Amendments. If the provisions (and any related definitions) of the Pre-Export Credit Agreement (including any refinancing indebtedness thereof) corresponding with the provisions set forth in Schedule 3 hereto (in each case reflecting the terms of such provisions as set forth herein without giving effect to the Conditional Amendments)
(a) have not been amended in a manner acceptable to Administrative Agent on or prior to December 31, 2015 (or such later date as determined in the sole discretion of the Administrative Agent), or (b) the Pre-Export Credit Agreement has not been terminated as of such date, then such Conditional Amendments shall become effective as of such date until such time as similar amendments have been made to the Pre-Export Credit Agreement (and any refinancing indebtedness thereof) or the Pre-Export Credit Agreement has been terminated. At the discretion of the Administrative Agent, this Credit Agreement may be amended with the consent of the Administrative Agent and Borrower to evidence the effectiveness of any Conditional Amendments that have become effective pursuant to this Section 16.26.
Conditional Amendments. The Lenders and the Borrowers hereby agree that, if the sale of the Division as specified in Section 2.1 of this Amendment shall have occurred after the date hereof but on or before September 30, 2000, subsection 14.1 of the Credit Agreement shall be further amended, effective simultaneously with the closing of the sale of the Division, to read as follows:
Conditional Amendments. 4.1 During the Covenant Relief Period, the following amendments shall apply:
(a) the amendment in Section 2.1(a) of the Second Amending Agreement shall continue to apply;
(b) Section 1.1 of the Credit Agreement is amended by adding the following definition in proper alphabetical order:
Conditional Amendments. The parties hereto agree that the amendments to the Loan Agreement set forth in this Section 6.07 shall automatically become effective upon the payment in full of the principal of the Note corresponding to the 2010-1C Component and the Note corresponding to the 2010-2C Component and all accrued and unpaid interest thereon and the satisfaction of any other Obligations in respect of the 2010 Components.
Conditional Amendments. Borrower and Lender hereby agree that, if, and only if, on or before October 3, 2012 the Borrower provides Lender with evidence reasonably satisfactory to Lender that Borrower has received gross cash proceeds of not less than Fifteen Million Dollars ($15,000,000.00) from the sale by Borrower of convertible notes and warrants (the “Financing Condition”):
(i) The definition of “Maturity Date” in Section 1.1 of the Loan Agreement shall be deleted and replaced with the following:
Conditional Amendments. 2.1 During the Covenant Relief Period, the following amendments shall apply:
(a) upon any determination by the Borrower to maintain its accounts in accordance with US GAAP pursuant to Section 1.3 of the Credit Agreement, the following additional addbacks shall be permitted under part (a) of the definition of “Adjusted EBITDA” in Section 1.1 of the Credit Agreement (but only for the purpose of calculating the Borrower’s compliance with the Financial Covenants and not for the purpose of determining the Applicable Margin or any other purpose):
(i) development, including technology, and other research costs and expenses; and
(ii) proceeds of investment tax credits received during the applicable period (to the extent not reflected as revenue or income in such period);
(a) Section 10.2(11)(a) of the Credit Agreement shall be deleted in its entirety and replaced with the following:
(a) the Consolidated Debt Leverage Ratio to exceed (i) 5.50:1.00 as at the end of each Financial Quarter ending up to and including December 31, 2018, (ii) 6.00:1.00 as at the end of each Financial Quarter ending on or after March 31, 2019 and up to and including September 30, 2020, and (iii) 5.50:1.00 as at the end of each Financial Quarter ending on or after December 31, 2020; provided that immediately following any disposition by the Borrower or its Affiliates of SS/L, each such ratio for all subsequent Financial Quarters shall be automatically reduced by 0.75:1.00; or”; and
(b) the table set forth in Schedule 8 of the Credit Agreement shall be deleted in its entirety and replaced with the following: II > 1.5 < 2.0 145 45 29 III > 2.0 < 2.5 170 70 34 IV > 2.5 <3.0 200 100 40 V >3.0 <3.5 225 125 45
2.2 On the Covenant Relief Termination Date, all of the Conditional Amendments shall immediately terminate and cease to have any further force or effect and at all times thereafter the Credit Agreement shall be construed as if the Conditional Amendments had never been made; provided that, for certainty, any actions or circumstances relating to the MDA Parties that occurred during the Covenant Relief Period and were expressly permitted by the Conditional Amendments shall be deemed to have occurred in compliance with the Credit Agreement notwithstanding the termination of the Conditional Amendments.
2.3 If the First Lien Debt Leverage Ratio for the Financial Quarter ending June 30, 2019 equals or exceeds 4.00: 1.00, the Borrower agrees to pay an incremental upfront fee to the Administrative ...
