Effective Date Amendments. If the Effective Date (as defined below) occurs, the terms and provisions of the Existing Credit Agreement are hereby amended as follows (the Existing Credit Agreement, as so amended, the “Credit Agreement”):
(a) Section 1.01 of the Existing Credit Agreement is hereby amended to add the following as new defined terms in alphabetical order:
Effective Date Amendments. This Agreement shall become effective upon execution. This Agreement may be amended, from time to time, by recorded written instrument duly executed and acknowledged by the fee owners of the Grantor Property and Grantee, or its applicable successors and assigns.
Effective Date Amendments. Subject to the satisfaction of the conditions precedent set forth in Section 3.1 hereof, the Base Indenture is hereby amended as follows, effective as of the date hereof:
(a) pursuant to Section 13.1(a)(iv) thereof, to amend and restate the definition of “Indemnification Amounts” set forth in Annex A thereof in its entirety, as set forth below:
Effective Date Amendments. Upon satisfaction of the conditions set forth in Section 4 below on the Effective Date, the Credit Agreement is hereby amended as follows:
(a) Section 1.01 is amended by inserting in the appropriate alphabetical location the new defined terms:
Effective Date Amendments. Effective as of the date hereof, the Management Agreement is hereby amended as follows:
Effective Date Amendments. Effective as of the date hereof, the Management Agreement is hereby amended as follows:
a. to amend and restate the phrase in the definition of “IP Services” set forth in Section 1.1 thereof beginning with the words “The Manager is also responsible under this Agreement” and ending with the words “the following activities”, as set forth below: “The Manager is also responsible under this Agreement for the management of, the Indenture, the other Related Documents and the Managed Documents, as agent for the Securitization Entities, including to the extent such activities are required pursuant to the Managing Standard, for the following activities:”
b. to amend and restate Section 2.10 thereof in its entirety, as set forth below:
Effective Date Amendments. Effective upon the occurrence of the Effective Date, the Existing Credit Agreement is hereby amended as follows:
(a) Section 1.01 of the Existing Credit Agreement is hereby amended by inserting in appropriate alphabetical order the following new definitions: “Affected Financial Institution” means (a) any EEA Financial Institution or (b) any UK Financial Institution. “Amendment No. 1” means that certain Amendment No. 1, dated as of August 4, 2020, among the Borrower, Holdings, the other Guarantors party thereto, the Lenders party thereto and the Administrative Agent. “Covenant Relief Period” means the period commencing on the Covenant Relief Period Commencement Date and ending on the earliest of (a) the first Business Day following the date the Compliance Certificate for the fiscal quarter ending March 31, 2021 is delivered or required to have been delivered to the Administrative Agent pursuant to Section 6.02(1), (b) the delivery of a Covenant Relief Period Termination Notice to the Administrative Agent and (c) the occurrence of a Covenant Relief Period Condition Event of Default (such date on which the Covenant Relief Period ends is referred to as the “Covenant Relief Period Termination Date”). “Covenant Relief Period Commencement Date” means August 4, 2020. “Covenant Relief Period Condition Event of Default” has the meaning given to such term in Amendment No. 1. “Covenant Relief Period Conditions” means each of the requirements listed on Schedule I to Amendment No. 1. “Covenant Relief Period Termination Notice” means a certificate of a Responsible Officer of the Borrower (a) stating that the Borrower irrevocably elects to terminate the Covenant Relief Period effective as of the date of delivery of such Covenant Relief Period Termination Notice to the Administrative Agent and (b) certifying that the Borrower would have been in compliance with the Financial Covenants as of the then most recently ended Test Period, had Sections 7.12(1)(b) and (2)(b) not been in effect, and attaching thereto a calculation of the First Lien Net Leverage Ratio and the Fixed Charge Coverage Ratio, in each case, as of the last day of such Test Period. “Extended Restricted Period” means, if the Covenant Relief Period Termination Date is the date specified in clause (a) of the definition of “Covenant Relief Period”, the period commencing on such date and ending on the date on which the Compliance Certificate for the fiscal quarter ending June 30, 2021 is delivered to the Administr...
Effective Date Amendments. For the avoidance of doubt, the Amendments set forth herein shall be in addition to and not in lieu of the Effective Date Amendments as set forth and defined in the First Amendment.
Effective Date Amendments. In reliance on the representations, warranties, covenants and agreements contained in this First Amendment, and subject to the satisfaction of each condition precedent set forth in Section 9 hereof, the Credit Agreement shall be amended effective as of the Effective Date in the manner provided in this Section 5.
Effective Date Amendments. Subject to the occurrence of the Effective Date, the following amendments to the Credit Agreement shall be made:
3.1 The definition of “EBITDAX” is hereby amended by (a) inserting “and” immediately before clause (vi) thereof and (b) replacing such clause (vi) in its entirety to read as follows:
