Global Amendments. The word “Eurodollar” wherever it appears in the Credit Agreement is hereby replaced with the word “Eurocurrency”; and the words “dollar” and “dollars” wherever they appear in the Credit Agreement are hereby capitalized to read “Dollar” and “Dollars”, respectively.
Global Amendments. Each applicable party to each of the Loan Documents hereby acknowledges and agrees that each reference in any Loan Document to: (i) the Existing Credit Agreement shall hereafter refer to such Existing Credit Agreement as amended by this Amendment; (ii) the Existing Note shall hereafter refer to such Existing Note as amended by the A&R Note (as defined hereinafter); and (ii) the “Maturity Date” shall hereafter refer to the “Maturity Date” as amended by Section 2(c) of this Amendment.
Global Amendments. The following amendments were made to the First Amended Note Agreement by Amendment No. 2: All covenants, restrictions and prohibitions applicable to the Company contained in the First Amended Note Agreement (including, without limitation, those obligations, restrictions and prohibitions set forth in Sections 5 through 7, inclusive, of the First Amended Note Agreement) shall apply to the Holding Company such that references contained therein to "the Company" or "the Company and its Subsidiaries" shall be deemed to have been replaced by references to "the Holding Company" or "the Holding Company and its Subsidiaries", as the case may be, and (c) all definitions contained in the Note Agreement that are calculated or defined on a consolidated basis shall include the Holding Company in such calculation or definition. Notwithstanding the provisions of the preceding sentence, any references to "the Company" contained in clauses (a), (b), (c), (d), (e), (l) and (o) of Section 7.1 of the First Amended Note Agreement are hereby each replaced with references to "the Company or the Holding Company".
Global Amendments. Effective as of the Effective Date (as defined below), the Transaction Documents are hereby amended as follows:
Global Amendments. Effective as of the Effective Date, the Transaction Documents are hereby amended as follows:
(a) Administrative Agent Succession. Scotiabank shall be successor Administrative Agent to Wachovia for all purposes of the Transaction Documents. Scotiabank hereby accepts all of the rights, duties and obligations of the "Administrative Agent" under the Transaction Documents. Wachovia hereby assigns all of its security interests and other rights and obligations as administrative agent under the Transaction Documents to Scotiabank. Any and all references in the Transaction Documents to Wachovia in its capacity as "Administrative Agent" are hereby amended to refer to "Scotiabank" in the related capacity. Wachovia shall no longer have any rights, obligations or duties as "Administrative Agent" under any of the Transaction Documents from and after the Effective Date. It is agreed by each of the parties hereto that Scotiabank shall have no liability for any action taken or not taken by Wachovia on or prior to the Effective Date.
Global Amendments. Effective as of the Effective Date, the Facility Documents are hereby amended as follows:
Global Amendments. The phrases “for the benefit of the Secured Lender”, “in favor of the Secured Lender” and “on behalf of the Secured Lender” shall respectively be replaced in their entirety with the phrases “for the benefit of the Secured Parties”, “in favor of the Secured Parties” and “on behalf of the Secured Parties” wherever they appear in the Security Agreement. The phrases “Secured Lender’s security interest” (or, as the case may be, “Secured Lender’ security interest”) and “Secured Lender’s rights” (or, as the case may be, “Secured Lender’ rights”) shall respectively be replaced in their entirety with the phrase “Secured Parties’ security interest” and “Secured Parties’ rights” wherever they appear in the Security Agreement. After such changes are made, the phrase “the Secured Lender” (or, as the case may be, “Secured Lender”) are hereby replaced in its entirety with the phrase “each Secured Party” in each of the following sections: Section 1(a) (the definition of “Collateral”), Section 2 (Grant of Security Interest in Collateral), the last line of the lead-in to Section 4, the fifth and eighth lines of Section 4(p), the fourth line of Section 4(s), the last line of Section 4(ee), the third line of Section 4(gg), the fifth line of Sections 4(nn), Section 7, the first line of Section 8(a), the first line of Section 8(c), the eighth and twelfth line and the last sentence of Section 9 (provided that the last mention of “the Secured Lender” in such section shall be replaced by “such Secured Party” instead), Section 13, Section 19(j), Section 19(k) and the third paragraph of Annex A. The phrase “and the Secured Lender” in the third line of Section 8(c) and the second line of Section 19(k) is hereby deleted in its entirety.
Global Amendments. (i) The phrase “the Debentures” is hereby replaced in its entirety with the phrase “the Notes and the New Notes” wherever it appears in the Guarantee.
(ii) The phrase “the Purchasers” is hereby replaced in its entirety with the phrase “the Secured Parties” in the following sections of the Guarantee: in the last line of the preamble, Section 2, 3, 4(a), 5(c) through (p) and Annex 1
(iii) The phrase “any Purchaser” is hereby replaced in its entirety with the phrase “any Secured Party” wherever it appears in the Guarantee.
Global Amendments. (a) Wherever in the 364 Day Credit Agreement or any Exhibits to the 364 Credit Agreement or in any Loan Documents (including, without limitation, the Notes and the Compliance Certificates)
(i) there is a reference to the Administrative Agent, such reference shall be changed and shall be deemed to refer to Bank One, NA as Administrative Agent, rather than to Wachovia Bank, N.A., and (ii) there is set forth an address for the Administrative Agent, such address shall be changed and shall be deemed to refer to Bank One, NA's address at: - Bank One, NA One Bank One Plaza Suite IL1-0429, 8th Floor Xxxxxxx, Xxxxxxxx 00000 Xxxxxxxxx: Xxxxxxx Xxxxxxx Telecopier number: (312) 732-6890 Confirmation number: (312) 732-6720
(b) Wherever in the 364 Day Credit Agreement xx xxx Xxxxxxts to the 364 Credit Agreement or in any Loan Documents (including, without limitation, the Notes and the Compliance Certificates)
(i) there is a reference to the Syndication Agent, such reference shall be changed and shall be deemed to refer to Wachovia Bank, N.A. as Syndication Agent, rather than to Bank One, NA, and (ii) there is set forth an address for the Syndication Agent, such address shall be changed and shall be deemed to refer to Wachovia Bank, N.A.'s address at: Wachovia Bank, N.A. 191 Peachtree Street, N.E. 29th Floor Atlanta, Georgia 30303 Xxxxxxxxx: Xxxxx Xxxx Telecopier number: (404) 332-4058 Confirmation number: (404) 332-5180
Global Amendments. References to “Xxxxxx X.X.” wherever they appear in the Credit Agreement are hereby changed to “NuStar L.P.” and references to “Xxxxxx XX, LLC” wherever they appear in the Credit Agreement are hereby changed to “NuStar GP, LLC”.
