Document Amendments Sample Clauses

Document Amendments. The Borrower shall not, and shall not permit its Subsidiaries to, agree to any modification, amendment, waiver, supplement, rescission or termination (collectively, "AMENDMENT") of any (i) License, (ii) Governmental Approval (other than Licenses) or (iii) Project Agreement, without, in each case, the prior written approval of the Administrative Agent on behalf of the Required Lenders, except to the extent that such Amendment could not reasonably be expected to have a Material Adverse Effect; provided, however, that in the case of clause (i), the Borrower shall give the Administrative Agent no less than five (5) Business Days' prior written notice of such Person's proposed Amendment during which period the Administrative Agent shall have the exclusive right (which it shall not exercise unreasonably) to reject such Amendment.
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Document Amendments. An amendment, supplement, modification, restatement or waiver of any provision of any Collateral Document, any consent to any departure by any Obligor therefrom, or the execution or acceptance by the Collateral Agent of any Collateral Document not in effect on the date hereof shall be effective if and only if, consented to in writing by the Required Senior Lenders; provided, however, that, (i) no such amendment, supplement, modification, restatement, waiver, consent or such Collateral Document not in effect on the date hereof which imposes any additional responsibilities upon the Collateral Agent shall be effective without the written consent of the Collateral Agent and (ii) no such amendment, supplement, modification, waiver or consent shall release, reconvey or terminate the security interest in or lien on any Collateral from the lien or security interest created by any Collateral Document not subject to the exception in Section 2.2(ii) hereof or narrow the scope of the property or assets in which a lien or security interest is granted pursuant to any Collateral Document without the written consent of all Lenders.
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Document Amendments. 45 Section 5.8 Administrative Actions..................................................... 45 Section 5.9 Trustee Acting Through Others.............................................. 46 Section 5.10 Indemnification of Trustee................................................ 46 Section 5.11
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Document Amendments. No amendment, supplement, modification, restatement, or waiver of any provision of any Collateral Document or any consent to any departure by the Company therefrom which could reasonably be expected to adversely affect any of the Secured Parties' rights or interests thereunder or with respect to any of the Collateral, or any of the Collateral Agent's rights, immunities or indemnities hereunder or thereunder or which could reasonably be expected to impose any additional responsibilities upon any Secured Party or the Collateral Agent shall be effective against such Person without the written consent of such Person (in the case of any Secured Party, given in accordance with the applicable Financing Agreements and Collateral Documents).
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Document Amendments. Within 45 days following the Petition Date, the Borrower and the other Credit Parties will agree to forms of amendments (the “Exit Amendments”) to the Transaction Documents in form and substance reasonably acceptable to the Lender Parties to: i. modify the definition of Permitted Loan Balance and any other applicable provisions such that Collections and all other amounts available to the Borrower are required to be applied to the Loan Amount on each Interest Payment Date based on a target loan-to-value ratio that has the effect of reducing the Loan Amount by 5% on each such date with such payments accompanied by the prepayment premium provided for in the Loan Agreement; ii. implement the provisions of Section 3(b), (d), (g), (h) and (k) above on a permanent basis such that they will apply following the Exit Date; and iii. Revise the definitions of Servicer Liquidity Event and Warm-Back-Up Servicing Trigger Event and Section 8.01(t) of the Loan Agreement to revise the dollar amounts set forth in each of the foregoing to reflect the circumstances of the Borrower and the Credit Parties as of the Exit Date.
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Document Amendments. The Company and, in the case of Section 2.1(a), Section 2.1(b), Section 2.1(c)(i), Section 2.1(d)(i) and Section 2.1(f)(i), the Holder shall, and the Company shall use commercially reasonable best efforts to cause all counterparties to, as promptly as practicable but no later than five (5) business days after the Effective Date (except as otherwise provided in Section 2.1(f)(ii)(B)):
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Document Amendments. The Company and, in the case of Section 2.1(a), Section 2.1(b), Section 2.1(c)(i), Section 2.1(d)(i) and Section 2.1(f)(i), the Holder and the Company, shall use commercially reasonable best efforts to cause all counterparties to, as promptly as practicable, but in any event no later than five (5) business days after the Effective Date: (a) amend the Securities Purchase Agreement to delete Section 5.02(a) and Section 5.02(b) thereof and the cross-references to such provisions therein and to replace each such deleted section with “[reserved]”; (b) amend Section 4.1(a)(ii) of the Warrant Agreement to replace “November 29, 2019” with the date of the Effective Date and to otherwise provide that the Warrants are exercisable from and after the Effective Date; (c) (i) amend Section 2 of each Warrant to replace “November 29, 2019” with the date of the Effective Date and to otherwise provide that the Warrants are exercisable from and after the Effective Date and (ii) deliver to the Warrant Agent the Opinion of Counsel (as defined in the Warrant Agreement) required pursuant to Section 8.04(h) of the Warrant Agreement; (d) (i) amend the definition of “Registrable Securities” in the Registration Rights Agreement to include the shares of Common Stock issuable upon exercise of the New Warrants (as defined below), (ii) file an amendment to the Registration Statement on Form S-3 (File Number 333-229820 filed on February 25, 2019) covering the resale of the shares of Common Stock issuable upon exercise of the New Warrants (the “New Warrant Shares”) as promptly as practicable after the filing of the Company’s Form 10-Q for the quarter ended September 30, 2019 but not later than December 2, 2019 and (iii) submit to the NYSE a supplemental listing application for the New Warrant Shares (as defined below); (e) adopt the amendment to the Certificate of Designation in the form attached hereto as Exhibit C (the “COD Amendment”), which includes, among other things, an adjustment to the Accreted Value of all outstanding shares of Preferred Stock as partial consideration for entry into this Agreement, file the COD Amendment with the Public Registry of the Republic of Panama and deliver evidence of such filing to the Holder as soon as reasonably practicable after the filing thereof; and (f) (i) enter into a warrant agreement (the “New Warrant Agreement”) pursuant to which the Company will issue to the Holder an aggregate number of warrants (such warrants, collectively, the “New Warra...
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Document Amendments. The Company shall use commercially reasonable best efforts to cause all counterparties to, as promptly as practicable, but in any event no later than five (5) business days after the Effective Date, adopt the second amendment to the Certificate of Designation in the form attached hereto as Exhibit C (the “Second COD Amendment”), file the Second COD Amendment with the Public Registry of the Republic of Panama and deliver evidence of such filing to the Holder as soon as reasonably practicable after the filing thereof.
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Related to Document Amendments

  • 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.

  • 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.

  • Complete Agreement; Amendment This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements in regard thereto. This Agreement cannot be modified except by an agreement in writing signed by both parties and specifically referring to this Agreement.

  • Contract Amendments No amendment to or modification or other alteration of the Contract shall be valid or binding upon the State unless made in writing, signed by both parties and, if applicable, approved by the Connecticut Attorney General.

  • Contract Amendment A. Contract Exhibit A, Scope of Work, is hereby deleted and replaced in its entirety with the attached Exhibit A, Scope of Work, which is incorporated into the Contract by reference herein. B. Contract Exhibit B, Additional Special Contract Conditions, is hereby deleted in its entirety and replaced with the attached Exhibit B, Additional Special Contract Conditions, which is incorporated into the ACS by reference herein. C. Contract Exhibit I, PUR 1355: Foreign Country of Concern Attestation, is hereby incorporated in its entirety to the ACS by reference herein.

  • Waiver; Amendments (a) No failure or delay by the Administrative Agent, the Issuing Bank or any Lender in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between the Borrower and the Administrative Agent or any Lender, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or of any other Loan Document or consent to any departure by the Borrower therefrom shall in any event be effective unless the same shall be permitted by subsection (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or the Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time. (b) No amendment or waiver of any provision of this Agreement or of the other Loan Documents, nor consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower and the Required Lenders, or the Borrower and the Administrative Agent with the consent of the Required Lenders, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided that, in addition to the consent of the Required Lenders, no amendment, waiver or consent shall: (i) increase the Commitment of any Lender without the written consent of such Lender; (ii) increase the Borrowing Base without the written consent of each Lender; (iii) modify Section 2.4 in any manner without the consent of each Lender; provided that a Scheduled Redetermination may be postponed by the Required Lenders; (iv) reduce the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon, or reduce any fees payable hereunder, without the written consent of each Lender entitled to such payment; (v) postpone the date fixed for any payment of any principal of, or interest on, any Loan or LC Disbursement or any fees hereunder or reduce the amount of, waive or excuse any such payment, without the written consent of each Lender entitled to such payment, or postpone the scheduled date for the termination or reduction of the Commitment of any Lender, without the written consent of such Lender; (vi) change Section 2.20(b) or (c) in a manner that would alter the pro rata sharing of payments required thereby, without the written consent of each Lender; (vii) change any of the provisions of this subsection (b) or the definition of “Required Lenders” or any other provision of this Agreement specifying the number or percentage of Lenders which are required to waive, amend or modify any rights hereunder or make any determination or grant any consent hereunder, without the consent of each Lender; (viii) release all or substantially all of the guarantors, or limit the liability of such guarantors, under any guaranty agreement guaranteeing any of the Obligations, without the written consent of each Lender; or (ix) release all or substantially all collateral (if any) securing any of the Obligations, without the written consent of each Lender; provided, further, that no such amendment, waiver or consent shall amend, modify or otherwise affect the rights, duties or obligations of the Administrative Agent or the Issuing Bank without the prior written consent of such Person. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except that the Commitment of such Lender may not be increased or extended, and amounts payable to such Lender hereunder may not be permanently reduced, without the consent of such Lender (other than reductions in fees and interest in which such reduction does not disproportionately affect such Lender). Notwithstanding anything contained herein to the contrary, this Agreement may be amended and restated without the consent of any Lender (but with the consent of the Borrower and the Administrative Agent) if, upon giving effect to such amendment and restatement, such Lender shall no longer be a party to this Agreement (as so amended and restated), the Commitments of such Lender shall have terminated (but such Lender shall continue to be entitled to the benefits of Sections 2.17, 2.18, 2.19 and 10.3), such Lender shall have no other commitment or other obligation hereunder and such Lender shall have been paid in full all principal, interest and other amounts owing to it or accrued for its account under this Agreement.

  • Joinder Agreements If, at the option of the Borrower or as required pursuant to Section 4.13 of the Credit Agreement, the Borrower shall cause any Subsidiary that is not a Grantor to become a Grantor hereunder, such Subsidiary shall execute and deliver to Agent a Joinder Agreement substantially in the form of Annex 2 and shall thereafter for all purposes be a party hereto and have the same rights, benefits and obligations as a Grantor party hereto on the Closing Date.

  • Supplements and Amendments; Whole Agreement This Warrant may be amended or supplemented only by an instrument in writing signed by the parties hereto. This Warrant contains the full understanding of the parties hereto with respect to the subject matter hereof and thereof and there are no representations, warranties, agreements or understandings other than expressly contained herein and therein.

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