Each Supplement Sample Clauses

Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty to CoBank that:
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Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty to Agent that:
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Each Supplement. The execution by the Company of each Supplement hereto (other than the Initial Supplement) shall constitute a representation and warranty that, except as otherwise provided in an officer’s certificate executed by the Company and delivered to CoBank in connection with such Supplement: (A) Reaffirmation. Each of the representations and warranties set forth in Section 4.01 hereof are true and correct as of the date of such Supplement, except that: (1) the references to the financial statements in Section 4.01(F) hereof, and all references in Section 4.01(G) hereof to such statements, shall be deemed to be to the latest annual financial statements and, if more recent than the latest annual financial statements, to the latest quarterly financial statements furnished to CoBank under Section 5.06(A) and (B) hereof; (2) the references in Sections 4.01(D), (H) and (I) to the application or officer’s certificate furnished in connection with this Agreement and the Initial Supplement hereto shall be deemed to refer to any application and/or officer’s certificate furnished in connection with the Supplement being executed at the time.
Sample 1
Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty to Dakota Fuels and Agent that:
Sample 1
Each Supplement. The execution by the Company of each Promissory Note and Supplement hereto (other than the 2005 Promissory Note and Supplement) shall constitute a representation and warranty that each of the representations and warranties set forth in Section 4.01 hereof are true and correct as of the date of the Promissory Note and Supplement, except that: (A) the references to the financial statements in Section 4.01(F) hereof shall be deemed to be to the latest annual financial statements furnished to CoBank under Section 5.06(I) hereof; (B) the references to the financial statements in Section 4.01(G) hereof, and all references in Section 4.01(H) hereof to such statements, shall be deemed to be to the latest annual financial statements and, if more recent than the latest annual financial statements, to the latest quarterly financial statements furnished to CoBank under Section 5.07(A) and (B) hereof; (C) all references to the 2005 Promissory Note and Supplement shall be deemed to refer to the Promissory Note and Supplement being executed at the time; (D) the references in Sections 4.01(D), (J), (K), (P), (T), and (U) to the application and officer’s certificate furnished in connection with this Agreement and the 2005 Promissory Note and Supplement shall be deemed to refer to any application and officer’s certificate furnished in connection with the Promissory Note and Supplement being executed at the time; and (C) the reference in Section 4.01(Q) to budgets, projections and other documentation and information referred to therein, shall be deemed to refer to all budgets, projections and other documentation furnished in connection with Promissory Note and Supplement being executed at the time.
Sample 1
Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty that, except as otherwise provided in the application furnished in connection with such Supplement: (A) Reaffirmation. Each of the representations and warranties set forth in Section 4.01 hereof is true and correct as of the date of such Supplement, except that (1) the references to the financial statements in Section 4.01(F) hereof, and all references in Section 4.01(G) hereof to such statements, shall be deemed to be to the latest annual financial statements furnished to CoBank under Section 5.06(A) and, if more recent than the latest annual financial statements, shall also include each set of quarterly financial statements thereafter furnished to CoBank under Section 5.06(B) hereof, and (2) the date referred to in the penultimate sentence of Section 4.01 (F) hereof shall be deemed to be the date of the latest annual financial statements furnished to CoBank under Section 5.06(A).
Sample 1
Each Supplement. The execution by CGI of each Supplement hereto shall constitute a representation and warranty to Lender that:
Sample 1
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Related to Each Supplement

  • Amendment and Supplement Any amendment and supplement of this Agreement shall come into force only after a written agreement is signed by both parties. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.

  • Amendment to Schedules Schedule 2.01 of the Credit Agreement shall be and it hereby is amended in its entirety by substituting Schedule 2.01 attached hereto.

  • Amendment to Schedule 1 1(b). Schedule 1.1(b) to the Credit Agreement is hereby amended and restated in its entirety to read as provided on Schedule 1.1(b) attached hereto.

  • Amendment to Schedule The Grantor authorizes the Collateral Agent to modify this Agreement and the Assignments of Trademarks, without the necessity of such Grantor’s further approval or signature, by amending Schedule A hereto and the Annex to each Assignment of Trademarks to include any future or other Trademarks, Trademark Licenses, Trade Secrets or Trade Secret Licenses that become part of the Trademark Collateral under Section 2 or Section 3.1.

  • Amendment/Supplement Subject to the terms and conditions of this paragraph 23, and Section 6.1 of the Deposit Agreement and applicable law, this ADR and any provisions of the Deposit Agreement may at any time and from time to time be amended or supplemented by written agreement between the Company and the Depositary in any respect which they may deem necessary or desirable without the prior written consent of the Holders or Beneficial Owners. Any amendment or supplement which shall impose or increase any fees or charges (other than charges in connection with foreign exchange control regulations, and taxes and other governmental charges, delivery and other such expenses), or which shall otherwise materially prejudice any substantial existing right of Holders or Beneficial Owners, shall not, however, become effective as to outstanding ADSs until the expiration of thirty (30) days after notice of such amendment or supplement shall have been given to the Holders of outstanding ADSs. Notice of any amendment to the Deposit Agreement or any ADR shall not need to describe in detail the specific amendments effectuated thereby, and failure to describe the specific amendments in any such notice shall not render such notice invalid, provided, however, that, in each such case, the notice given to the Holders identifies a means for Holders and Beneficial Owners to retrieve or receive the text of such amendment (e.g., upon retrieval from the Commission’s, the Depositary’s or the Company’s website or upon request from the Depositary). The parties hereto agree that any amendments or supplements which (i) are reasonably necessary (as agreed by the Company and the Depositary) in order for (a) the ADSs to be registered on Form F-6 under the Securities Act or (b) the ADSs to be settled solely in electronic book-entry form and (ii) do not in either such case impose or increase any fees or charges to be borne by Holders, shall be deemed not to materially prejudice any substantial existing rights of Holders or Beneficial Owners. Every Holder and Beneficial Owner at the time any amendment or supplement so becomes effective shall be deemed, by continuing to hold such ADSs, to consent and agree to such amendment or supplement and to be bound by the Deposit Agreement and this ADR, if applicable, as amended or supplemented thereby. In no event shall any amendment or supplement impair the right of the Holder to surrender such ADS and receive therefor the Deposited Securities represented thereby, except in order to comply with mandatory provisions of applicable law. Notwithstanding the foregoing, if any governmental body should adopt new laws, rules or regulations which would require an amendment of, or supplement to, the Deposit Agreement to ensure compliance therewith, the Company and the Depositary may amend or supplement the Deposit Agreement and this ADR at any time in accordance with such changed laws, rules or regulations. Such amendment or supplement to the Deposit Agreement and this ADR in such circumstances may become effective before a notice of such amendment or supplement is given to Holders or within any other period of time as required for compliance with such laws, rules or regulations.

  • AMENDMENT, SUPPLEMENT AND WAIVER The Indenture, the Guarantees or the Notes may be amended or supplemented as provided in the Indenture.

  • Supplements to Schedules Pending Closing, Seller may supplement or correct the Schedules to this Agreement as necessary to insure their completeness and accuracy. No supplement or correction to any Schedule or Schedules to this Agreement shall be effective, however, to cure any breach or inaccuracy in any of the representations and warranties; but if TJC does not exercise its right to terminate this Agreement under Section 12 and closes the transaction, the supplement or correction shall constitute an amendment of the Schedule or Schedules to which it relates for all purposes of this Agreement.

  • Waivers; Amendment; Joinder Agreements (a) No failure or delay on the part of any party hereto in exercising any right or power hereunder 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 a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by Section 5.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any party hereto in any case shall entitle such party to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be terminated, waived, amended or modified (other than pursuant to any Joinder Agreement) except pursuant to an agreement or agreements in writing entered into by each Authorized Representative and each Collateral Agent (and with respect to any such termination, waiver, amendment or modification which by the terms of this Agreement requires the Company’s consent or which increases the obligations or reduces the rights of the Company or any other Grantor, with the consent of the Company). (c) Notwithstanding the foregoing, without the consent of any First-Lien Secured Party, any Authorized Representative may become a party hereto by execution and delivery of a Joinder Agreement in accordance with Section 5.13 and upon such execution and delivery, such Authorized Representative and the Additional First-Lien Secured Parties and Additional First-Lien Obligations of the Series for which such Authorized Representative is acting shall be subject to the terms hereof and the terms of the Additional First-Lien Security Documents applicable thereto. (d) Notwithstanding the foregoing, without the consent of any other Authorized Representative or First-Lien Secured Party, the Collateral Agents may effect amendments and modifications to this Agreement to the extent necessary to reflect any incurrence of any Additional First-Lien Obligations in compliance with the Credit Agreement and the other Secured Credit Documents.

  • FORM OF JOINDER AGREEMENT JOINDER AGREEMENT

  • Amendment, Supplement, Waiver, Etc The Company, the Guarantors and the Trustee (if a party thereto) may, without the consent of the Holders of any outstanding Notes, amend, waive or supplement the Indenture or the Notes for certain specified purposes, including, among other things, curing ambiguities, defects or inconsistencies, maintaining the qualification of the Indenture under the Trust Indenture Act of 1939, as amended, and making any change that does not materially and adversely affect the rights of any Holder. Other amendments and modifications of the Indenture or the Notes may be made by the Company, the Guarantors and the Trustee with the consent of the Holders of not less than a majority of the aggregate principal amount of the outstanding Notes, subject to certain exceptions requiring the consent of the Holders of the particular Notes to be affected.

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