Consent and Amendment. Effective upon the Trigger Event, and without any further action by any party hereto, the Indenture is hereby amended as follows:
Consent and Amendment. To the extent required under applicable law or the governing documents of any of the Parties, the Parties acknowledge that this Agreement constitutes the written consent of the relevant Parties to each of the agreements and transactions described herein, including by each of the Parties in its capacity as a member or manager of any other Party.
Consent and Amendment. This Consent and Amendment shall have been duly executed and delivered by Borrower, the other Credit Parties, Agent and Lenders.
Consent and Amendment. From and after the Supplement Operative Time (as defined below) and without any further action by any party hereto, the Indenture is hereby amended as follows:
Consent and Amendment. On or before the Effective Date, Buyer and its Affiliates (as applicable) shall have executed and delivered to Seller a Consent and Amendment to the Seller's partnership agreement in the form of EXHIBIT O attached hereto.
Consent and Amendment. In consideration of the matters set forth in the recitals and the covenants and provisions herein set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Consent and Amendment. Effective upon the Trigger Event, and without any further action by any party hereto,
Consent and Amendment. The Company shall have received the --------------------- required consent and amendment to its credit facility set forth on Schedule 5.2.
Consent and Amendment. The provisions of the Credit Agreement and the other Loan Documents to the contrary notwithstanding, subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, Agent and the Lenders hereby consent to the consummation of the Designated Transaction, substantially on the terms and subject to the conditions set forth in the draft HRT Acquisition Documents attached as Exhibit A hereto (or subject to subsequent amendments or modifications thereto that are not adverse to the Lender Group or are consented to by Agent in its sole discretion), so long as the HRT Acquisition is consummated on or before September 30, 2013 and no Event of Default has occurred and is continuing or would result therefrom. In furtherance, but not in limitation of the foregoing, the HRT Acquisition shall be (a) excluded from the definition of “Capital Expenditures” set forth in the Credit Agreement and (b) permitted under and shall not be deemed to utilize any of the baskets set forth in the definitions of “Permitted Acquisition” and “Permitted Investments” set forth in the Credit Agreement and the HRT Indebtedness shall be permitted under and shall not be deemed to utilize any baskets or available capacity pursuant to Section 6.1 of the Credit Agreement or the definition of “Permitted Indebtedness” set forth in the Credit Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, (i) the definition of “Permitted HRT Acquisition” set forth in Schedule 1.1 to the Credit Agreement is hereby deleted, (ii) clause (l) of the definition of “Permitted Investments” set forth in Schedule 1.1 to the Credit Agreement is hereby amended to read: “(l) [Intentionally Omitted],”, and (iii) the reference to “the Permitted HRT Acquisition,” in Section 6.3(a) of the Credit Agreement is hereby deleted.
Consent and Amendment. Effective as of the Amendment No. 3 Effective Date (as defined below) and subject to the satisfaction of the conditions precedent set forth in Section 3 hereof:
