Fifth Amendment to Credit Agreement. Administrative Agent shall have received executed counterparts of this Amendment from each of the Borrower, the Administrative Agent and the Majority Lenders.
Fifth Amendment to Credit Agreement. The Company, the Banks and the Agent shall have executed and delivered to the Noteholders (or their special counsel) a copy of the Fifth Amendment, which shall be in form and substance satisfactory to the Noteholders and their special counsel.
Fifth Amendment to Credit Agreement. This Fifth Amendment and Waiver to the Credit Agreement (this “Amendment”) dated as of August 12, 2016, is among California Resources Corporation, a Delaware corporation (the “Borrower”), each of the undersigned Guarantors, each Lender (as defined below) party hereto, and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors and assigns, the “Administrative Agent”).
Fifth Amendment to Credit Agreement. This Amendment to Credit Agreement shall be in full force and effect.
Fifth Amendment to Credit Agreement. This Amendment shall have been duly executed and delivered by Borrower and Majority Lenders.
Fifth Amendment to Credit Agreement a counterpart of this Amendment executed by Borrower, Guarantors, the Lenders and Administrative Agent;
Fifth Amendment to Credit Agreement. (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in appropriate alphabetical order:
Fifth Amendment to Credit Agreement. As an inducement to the Administrative Agent and each Lender to execute, and in consideration of the Administrative Agent and each Lender’s execution of, the Amendment, each of the undersigned hereby consents to this Amendment and agrees that this Amendment shall in no way release, diminish, impair, reduce or otherwise adversely affect the obligations and liabilities of such undersigned under the Guaranty executed by such undersigned in connection with the Credit Agreement, or under any other Loan Documents executed by the undersigned to secure any of the Obligations (as defined in the Credit Agreement), all of which are in full force and effect. Each of the undersigned further represents and warrants to the Administrative Agent and the Lenders that (a) the representations and warranties in each Loan Document to which it is a party are true and correct in all material respects on and as of the date of this Amendment as though made on the date of the Amendment, (b) before and after giving effect to the Amendment, it is in compliance with all covenants and agreements contained in each Loan Document to which it is a party, and (c) before and after giving effect to this Amendment, no Default or Potential Default has occurred and is continuing. The undersigned hereby releases, discharges and acquits Administrative Agent and each Lender from any and all claims, demands, actions, causes of action, remedies, and liabilities of every kind or nature (including without limitation, offsets, reductions, rebates, and lender liability) arising out of any act, occurrence, transaction or omission occurring in connection with the Guaranty prior to the date of the Amendment. This Guarantors’ Consent and Agreement shall be binding upon the undersigned, and its permitted assigns, if any, and shall inure to the benefit of the Administrative Agent, each Lender and their respective successors and assigns.
Fifth Amendment to Credit Agreement. The Borrower, the Administrative Agent, the Collateral Agent, each Issuing Bank whose signature page appears below, the Swingline Lender, the Required Lenders, the Non-Increasing Revolving Lenders, the Increasing Revolving Lenders and the Additional Revolving Lenders agree that on the Amendment Effective Date, (i) the Credit Agreement shall hereby be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text), as set forth in the Credit Agreement attached as Exhibit A-1 and (ii) the existing Schedules to the Credit Agreement shall hereby be amended and restated in the form attached to the Credit Agreement in Exhibit A-1 to the extent any such Schedule is included in Exhibit A-1 (collectively, the “Amended Credit Agreement”). A clean version of the Amended Credit Agreement (excluding the Schedules attached in Exhibit A-1) is hereby attached as Exhibit A-2.
Fifth Amendment to Credit Agreement. This Fifth Amendment to Credit Agreement (this “Amendment”) dated as of April 5, 2018 is entered into by and among ORGANOGENESIS INC., a Delaware corporation (“Organogenesis”), PRIME MERGER SUB, LLC, a Delaware limited liability company (“Prime”, and together with Organogenesis, each individually a “Borrower” and, collectively, the “Borrowers”), the several banks and other financial institutions or entities that are parties hereto as “Lenders” (each a “Lender” and, collectively, the “Lenders”), SILICON VALLEY BANK (“SVB”), as the Issuing Lender and the Swingline Lender, and SVB, as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”).