DK Note Purchase Agreement Amendments Sample Clauses

DK Note Purchase Agreement Amendments. The Borrower will not, and will not permit any Subsidiary to, amend or modify the DK Note Purchase Agreement, any other DK Note Document or the definitive documentation governing any Permitted Refinancing of the Convertible Notes in a manner that is adverse to the Lenders in their capacities as such without the Required Lenders’ prior written consent, it being understood and agreed that (x) any amendment or modification thereof (i) that directly or indirectly increases, or permits an increase in, the paid-in-kind portion of the principal amount of Indebtedness outstanding under such documentation (including, for the avoidance of doubt, any amendment or modification providing for or permitting the payment of any fees or premiums in-kind, an increase in the rate of interest thereunder that may be paid in-kind or an extension of the period of time during which interest thereunder may be paid in-kind) or (ii) that directly or indirectly increases the redemption price in respect of the Indebtedness thereunder, in each case, shall be deemed adverse to the Lenders and (y) any changes relating to (i) any fees, costs and expenses payable solely in cash in connection with any amendment, waiver, or any other modification to the DK Note Purchase Agreement, (ii) except to the extent addressed in clause (x) above, any provision under Article 2 (Agreement for the Purchase of Notes), Article 4 (Conditions of Purchase of the Notes), Section 5.3 (Major Transactions), Article 6 (THE ADMINISTRATIVE AGENT AND COLLATERAL AGENT) and Article 7 (MISCELLANEOUS) of the DK Note Purchase Agreement (or the equivalent provisions in the definitive documentation governing any Permitted Refinancing of the Convertible Notes) and any related definitions and (iii) conversion mechanics in respect of the Convertible Notes or any other Permitted Refinancing thereof, in each case, shall in no event be deemed to be adverse to the Lenders.
Sample 1
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Related to DK Note Purchase Agreement Amendments

  • Amendments to Note Purchase Agreement Subject to the satisfaction of the conditions precedent set forth herein and in reliance on the representations, warranties and covenants of the Companies set forth herein and in the Note Purchase Agreement, each party hereto hereby agrees that the Note Purchase Agreement be and hereby is, amended as follows:

  • Note Purchase Agreement The conditions precedent to the obligations of the Applicable Pass Through Trustees and the other requirements relating to the Aircraft and the Equipment Notes set forth in the Note Purchase Agreement shall have been satisfied.

  • Amendments to the Purchase Agreement (a) Section 1.6 of the Purchase Agreement is hereby amended and restated in its entirety as follows:

  • AGREEMENT AMENDMENTS This Agreement may be amended at any time by written instrument duly approved by the President or President's designee and accepted by Faculty Member; provided, however, no such written instrument shall be required for any increase in Faculty Member's salary or any improvement to the fringe benefits of Faculty Member's employment, or for promotion in rank, any of which may be accomplished at any time by official action of the Board of Regents of the University of Nebraska (Board) without the necessity for written modification or amendment of this Agreement. This Agreement and Appendix “A” attached hereto constitute the entire agreement between the parties. This Agreement supersedes all previous agreements between or among the parties. There are no agreements, representations or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement.

  • Amendment to Purchase Agreement Section 1.3 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendments to Purchase Agreement The parties agree that the Purchase Agreement shall be amended, solely with respect to the Mortgage Loans, as follows:

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • COMPLETE AGREEMENT; AMENDMENTS This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter contemplated thereby. No modifications to this Agreement shall be made or binding unless made in writing and signed by all parties to this Agreement.

  • Agreement Amendment If either party hereto requests to amend this agreement, it shall notify the other party in writing, and the other party shall respond within one week. All amendments of this agreement must be made in writing by both parties, and such amendments shall be deemed as inseverable parts of this agreement.

  • Purchase Agreements On the date of this Agreement, the Company and the Sponsor have executed and delivered to the Underwriters a Private Placement Units Purchase Agreement, the form of which is annexed as an exhibit to the Registration Statement (the “Sponsor Purchase Agreement”), pursuant to which the Sponsor will, among other things, on the Closing Date, consummate the purchase of and deliver the purchase price for the Private Placement Units to be sold to the Sponsor as described in Section 1.4.2, and as provided for in such Sponsor Purchase Agreement. The Company and the Representative shall have executed and delivered a Private Placement Units Purchase Agreement, the form of which is annexed as an exhibit to the Registration Statement (the “Representative Purchase Agreement” and together with the Sponsor Purchase Agreement, the “Purchase Agreements”), pursuant to which the Representative will, among other things, on the Closing Date and Option Closing Date, if any, consummate the purchase of and deliver the purchase price for the Private Placement Units to be sold to the Representative as described in Section 1.4.2 and as provided for in such Representative Purchase Agreement. Pursuant to the Purchase Agreements, (i) each of the Sponsor and the Representative have waived any and all rights and claims they may have to any proceeds, and any interest thereon, held in the Trust Account in respect of the Private Placement Units, and (ii) certain of the proceeds from the sale of the Private Placement Units and certain of the proceeds from the sale of the Option Private Placement Units, if any, will be deposited by the Company in the Trust Account in accordance with the terms of the Trust Agreement on the Closing Date and Option Closing Date (if any) as provided for in the Purchase Agreements.

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