Modification of the Credit Agreement Sample Clauses

Modification of the Credit Agreement. Borrower, the Guarantors, Agent and the Lenders do hereby modify and amend the Credit Agreement as follows: (a) By inserting the following definitions in Section 1.01 of the Credit Agreement, in appropriate alphabetical order:

Modification of the Credit Agreement. Borrower, Banks and Agent do hereby modify and amend the Credit Agreement as follows: (a) By deleting in its entirety the definition of the terms "Applicable Margin", "Investment Grade" and "Rating Agencies" appearing in 1.1 of the Credit Agreement, and inserting in lieu thereof the following:

Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Credit Agreement as follows: (a) By deleting in their entirety the definitions of “Capitalization Rate”, “Development Properties” and “Revolving Credit Agreement”, appearing in Section 1.1. of the Credit Agreement, and inserting in lieu thereof the following:

Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Credit Agreement as follows: (a) By inserting the following sentence at the end of the definition of “LIBOR” appearing in §1.1 of the Credit Agreement: “Notwithstanding the foregoing, if the rate shown on Reuters Screen LIBOR 01 Page (or any successor service designated pursuant to this definition) shall at any time be less than zero percent (0%), then such rate shall be deemed to be zero percent (0%) for the purposes of this Agreement and the other Loan Documents.”; (b) By inserting the following new definition in §1.1 of the Credit Agreement, in the appropriate alphabetical order: “TRS Holdco. ARHC TRS Holdco II, LLC, a Delaware limited liability company.”; and (c) By deleting in its entirety subparagraph (d) appearing in §5.3 of the Credit Agreement and inserting in lieu thereof the following: (d) the Borrower or the Wholly-Owned Subsidiary which directly or indirectly owns or leases the Potential Collateral shall have executed and delivered to the Agent all Eligible Real Estate Qualification Documents, all of which instruments, documents or agreements shall be in form and substance reasonably satisfactory to the Agent. Notwithstanding anything to the contrary contained in this Agreement (including, without limitation, clause (b) set forth in Schedule 5.3 attached hereto), Borrower shall not be required to grant to the Agent, for the benefit of the Lenders, any lien or security interest in the Equity Interests of TRS Holdco held by Borrower; provided, however, that the foregoing shall not be deemed to limit any provision contained herein (including, without limitation, in §5.3 and §5.5) which requires (i) TRS Holdco to be a Guarantor and/or a Subsidiary Guarantor under this Agreement, the Guaranty, the Indemnity Agreement, the other Loan Documents and/or the Contribution Agreement, as applicable, or (ii) TRS Holdco to grant to the Agent a lien or security interest in any and all Equity Interests held by TRS Holdco in any Person which directly or indirectly owns or leases a Borrowing Base Asset;”.

Modification of the Credit Agreement. On the Second Amendment Effective Date (as defined below), the Credit Agreement shall be, and hereby is, amended to incorporate the changes marked on the copy of the Credit Agreement attached hereto as Annex I.

Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Existing Credit Agreement by deleting from the Existing Credit Agreement the text that is shown as a deletion or strike-through in the form of the Credit Agreement attached hereto as Exhibit “A” and made a part hereof (the “Revised Credit Agreement”), and by inserting in the Existing Credit Agreement the text shown as an insertion or underlined text in the Revised Credit Agreement, such that from and after the Effective Date (as hereinafter defined) the Credit Agreement is amended to read as set forth in the Revised Credit Agreement. Notwithstanding the foregoing, the calculation templates attached to the Borrowing Base Certificate and Compliance Certificate shall be the templates attached to the Revised Credit Agreement, regardless that those templates are not marked by deletion, strike-through, insertion or underline. From and after the Effective Date, for all purposes under the Loan Documents, the Credit Agreement shall be the Existing Credit Agreement, as amended by this Amendment.

Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Credit Agreement by deleting in its entirety the definition of "CHANGE OF CONTROL" appearing in ss.1.1 of the Credit Agreement, appearing on page 2 thereof, and inserting in lieu thereof the following definition:

Modification of the Credit Agreement. Borrowers, Administrative Agent and the Lenders do hereby modify and amend the Credit Agreement as follows: (a) By inserting the following new definitions in Section 1.1 of the Credit Agreement, in the appropriate alphabetical order: ““Covenant Relief Period” means the period commencing on September 29, 2021, and ending on (and including) the Covenant Relief Period Termination Date.”; “Covenant Relief Period Termination Date” means the earlier of (a) June 30, 2022 and (b) the date specified in the Covenant Relief Period Termination Notice on which the Borrowers irrevocably elect to terminate the Covenant Relief Period.”; 2 US_Active\119172305\V-3 “Covenant Relief Period Termination Notice” means a notice executed by the chief executive officer, president, chief financial officer or treasurer or controller of Parent (a) stating that Borrowers irrevocably elect to terminate the Covenant Relief Period effective as of the last day of the fiscal quarter specified in such notice (provided, that such notice shall have been delivered to the Administrative Agent not later than the date of delivery of the Compliance Certificate for such specified fiscal quarter pursuant to Section 7.4(a)(iii)), (b) reserved, and (c) enclosing a Compliance Certificate for such specified fiscal quarter demonstrating compliance with the covenants contained in Section 9 of the Credit Agreement and the other covenants set forth in such Compliance Certificate, in each case, after giving effect to the termination of the Covenant Relief Period.”; “Covenant Relief Period Permitted Recourse Indebtedness” means (x) the obligations of Trilogy Investors and/or one or more of its Subsidiaries in connection with that certain purchase option with respect to the real property located at 0000- 0000 X Xxxxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, not to exceed $20,000,000.00 in the aggregate, and (y) Obligations under the Credit Agreement and the other Loan Documents.”; (b) By deleting in its entirety the definition of Implied Debt Service appearing in Section 1.1 of the Credit Agreement, and inserting in lieu thereof the following new definition: ““Implied Debt Service” means, on any date of determination, an amount equal to the annual principal and interest payment sufficient to amortize in full during a thirty (30) year period, a loan in an amount equal to the sum of the aggregate outstanding principal balance of the Real Estate Revolving Loans, Letter of Credit Liabilities and Real Estate Swing...

Modification of the Credit Agreement. The Borrower, the Agent and the Lenders do hereby modify and amend the Credit Agreement as follows: (a) By deleting the number "1.82" appearing in the fourth (4th) line of the definition of "Pool Availability", appearing in Section 1.1 of the Credit Agreement, and inserting in lieu thereof the number "1.67"; (b) By deleting the words and numbers "nine percent (9%)" appearing in the fifth (5th) line of the definition of "Value", appearing in Section 1.1 of the Credit Agreement, and inserting in lieu thereof the words and numbers "eight and one-half percent (8.5%)"; (c) By deleting the words and numbers "one hundred eighty-two percent (182%)" appearing in the sixth (6th) line of Section 7.12(b)(i) of the Credit Agreement, and inserting in lieu thereof the words and numbers "one hundred sixty-seven percent (167%)"; and (d) By deleting in its entirety Section 9.1(f) of the Credit Agreement, and inserting in lieu thereof the following: (f) the Debt to Total Asset Value Ratio to exceed sixty (60%) at any time; and"

Modification of the Credit Agreement. The Agent, the Lenders and the Borrower hereby amend the Credit Agreement as follows: