Intercreditor Agreement Amendment. The parties hereto agree that the reference to $250 million in the first recital to the A&R Intercreditor Agreement is hereby changed to $325 million.
Intercreditor Agreement Amendment. The holders of Notes shall have received an amendment to the Intercreditor Agreement executed and delivered by the parties thereto, which amendment to the Intercreditor Agreement shall be in form and substance satisfactory to Required Holders.
Intercreditor Agreement Amendment. The parties hereto agree that the reference to $150 million in the second recital to the A&R Intercreditor Agreement is hereby replaced with “an amount up to the Maximum Loan Amount”.
Intercreditor Agreement Amendment. Each Lender hereto consents to the Administrative Agent and Collateral Agent effecting an amendment to the Intercreditor Agreement in the form of Exhibit A hereto.
Intercreditor Agreement Amendment. Agent and Xxxxxxx shall have received, in form and substance satisfactory to Agent and Lenders, Amendment No. 2 to the Intercreditor Agreement, duly authorized, executed and delivered by Agent and Revolving Loan Agent and acknowledged and agreed to by each Loan Party;
Intercreditor Agreement Amendment. The parties hereto agree that the reference to $100 million in the second recital to the A&R Intercreditor Agreement is hereby changed to $150 million.
Intercreditor Agreement Amendment. (a) The Parties shall (including, if applicable, in their capacities as Hedge Counterparties (as defined in the Intercreditor Agreement)) and shall procure that any of their Affiliates that are Hedge Counterparties (as defined in the Intercreditor Agreement) shall, at the request of the Parent at any time, enter into all documentation that is necessary or desirable to ensure that, subject to obtaining the consent to the extent necessary of any applicable party to the Intercreditor Agreement that is not a Party (or an Affiliate of a Party that is a Hedge Counterparty (as defined in the Intercreditor Agreement)):
(i) the Intercreditor Agreement is amended so as to adopt any amendments set out in the Proposed New Intercreditor Agreement (provided that, for the avoidance of doubt, such amendments may be implemented in stages and on one or more occasions at the sole discretion of the Parent);
(ii) the Security granted by the Obligors over their assets (other than any Security granted by an Obligor over the shares in another Obligor and any rights of the Parent in relation to any intercompany loan from the Parent to Torenspits II B.V. or any of its Subsidiaries); and/or
(iii) the Intercreditor Agreement is amended so as to delete:
(A) prior to the Intercreditor Agreement Amendment Date, Clause 4.20 (Security over Hedging Agreements) of the Intercreditor Agreement; and
(B) on and from the Intercreditor Agreement Amendment Date, Clause 4.19 (Security over Hedging Agreements) of the Intercreditor Agreement.
(b) If:
(i) the Intercreditor Agreement is to be amended to effect any amendments set out in the Proposed New Intercreditor Agreement; or
(ii) any documentation is to be entered into in accordance with paragraphs (a)(ii) or (a)(iii) above, the Facility Agent may effect, on behalf of any Finance Party, amendments to the Intercreditor Agreement or enter into, on behalf of any Finance Party, such documentation without consent from, reference to or consultation with any other Finance Party.
(c) Each Lender shall, if applicable, in its capacity as a Hedge Counterparty (as defined in the Intercreditor Agreement) and shall procure that any of its Affiliates that is a Hedge Counterparty (as defined in the Intercreditor Agreement) shall, at any time at the request of the Parent, enter into any amendments to any Hedging Agreement (as defined in the Intercreditor Agreement) that are necessary or desirable to ensure that such Lender or such Affiliate in its capacity as a He...
Intercreditor Agreement Amendment. The Manager hereby undertakes to use its reasonable efforts to obtain an amendment to the Intercreditor Agreement in order to amend the definition of “Equipment Lenders” in Appendix A thereto to include any lenders to TAL Advantage III LLC in clause (iii) thereof and the definition of “Equipment Loan Agreement” to include the Indenture and the Management Agreement.
Intercreditor Agreement Amendment. The Administrative Agent’s receipt of an amendment to the Intercreditor Agreement described in the Existing Credit Agreement in a form reasonably satisfactory to the Administrative Agent.
Intercreditor Agreement Amendment. The Noteholder shall have received a fully executed copy of an amendment to the Intercreditor Agreement increasing the permitted level of Senior Indebtedness (as defined in the Intercreditor Agreement) to $185,000,000, such amendment to be in form, scope and substance satisfactory to the Required Holders.
