Modification of the Guaranty. Guarantor, Agent and Lenders do hereby modify and amend the Guaranty by deleting in its entirety paragraph (a) appearing on page 1 of the Guaranty, and by inserting in lieu thereof the following:
(a) the full and prompt payment when due, whether by acceleration or otherwise, either before or after maturity thereof, of the Revolving Credit Notes made by Borrower to the order of the Lenders in the aggregate principal face amount of up to Fifty Million and No/100 Dollars ($50,000,000.00), and of the Swing Loan Note made by Borrower to the order of the Swing Loan Lender in the principal face amount of Five Million and No/100 Dollars ($5,000,000.00), together with interest as provided in the Revolving Credit Notes and the Swing Loan Note and together with any replacements, supplements, renewals, modifications, consolidations, restatements, increases and extensions thereof; and”
Modification of the Guaranty. The Guarantors and Agent do hereby modify and amend each Guaranty as follows:
(a) by deleting in its entirety Paragraph (a), appearing on page 1 of the First A&R Guaranty, on page 1 of the Italian Entity Guaranty, and on page 2 of the Luxembourg Entity Guaranty, and inserting in lieu thereof the following Paragraph (a):
(a) the full and prompt payment when due, whether by acceleration or otherwise, either before or after maturity thereof, of the outstanding principal amount under the Revolving Credit Notes made by Borrower to the Revolving Credit Lenders (as defined in the Credit Agreement), which at the Closing Date were issued in the aggregate principal face amount of up to $1,450,000,000.00, and of the outstanding principal amount under the Swing Loan Note made by Borrower, which at the Closing Date was issued in the principal face amount of up to $50,000,000.00, together with interest as provided in the Revolving Credit Notes and the Swing Loan Note and together with any replacements, supplements, renewals, modifications, consolidations, restatements, increases and extensions thereof; and”;
(b) by deleting from Paragraph (b), appearing on pages 1 and 2 of the First A&R Guaranty, on page 1 of the Italian Entity Guaranty, and on page 2 of the Luxembourg Entity Guaranty, the definition of “Credit Agreement” beginning in the second line thereof with the words “First Amended and Restated Credit Agreement” and ending with “Credit Agreement” and inserting in lieu thereof the following: “Second Amended and Restated Credit Agreement dated as of April 8, 2022 (as the same may be varied, extended, supplemented, consolidated, amended, replaced, increased, renewed or modified or restated from time to time, the “Credit Agreement”;”
(c) by deleting in its entirety Paragraph (g), appearing on page 2 of the First A&R Guaranty, and inserting in lieu thereof the following Paragraph (g):
(g) the full and prompt payment and performance of any and all other obligations of Borrower to each Guaranteed Party under any of the other Loan Documents, including, without limitation, all other Obligations. Without limiting the generality of the foregoing, Guarantors acknowledge the terms of Section 2.11 of the Credit Agreement, pursuant to which the Total Revolving Credit Commitment and/or the Total Term Loan Commitment under the Credit Agreement may from time to time be increased such that, after giving effect to such increase(s), the Total Commitment does not exceed $1,950,000,000....
Modification of the Guaranty. Guarantor, Agent and the Lenders hereby modify and amend the Guaranty dated as of December 2, 2009, given by Guarantor to and for the benefit of Agent and the Lenders as follows:
(a) By deleting in their entirety the words “subject to the terms of Section 22 below,” from the first line of §1(a) of such Guaranty;
(b) By deleting in its entirety Section 22(a) of such Guaranty and inserting in lieu thereof “
(a) [Intentionally Omitted.]”;
(c) By deleting in its entirety Section 22(b) of such Guaranty and inserting in lieu thereof “
Modification of the Guaranty. Guarantors, Agent and the Banks hereby modify and amend the Guaranty by deleting the figures “$360,000,000.00” and “$450,000,000.00” appearing in first “WHEREAS” clause of the Guaranty and inserting in lieu thereof the figures “$350,000,000.00” and “600,000,000.00”.
Modification of the Guaranty. Guarantor, Agent and the Lenders hereby modify and amend the Guaranty dated as of October 24, 2008 given by Guarantor to and for the benefit of Agent and the Lenders as follows:
(a) By deleting from Recital A of the Guaranty the number “One Hundred Million and No/100 Dollars ($100,000,000.00)” and inserting in lieu thereof the number “Two Hundred Fifty Million and No/100 Dollars ($250,000,000.00)”.
(b) By deleting in their entirety the words “Borrower or Guarantor” from the fifth line of the first sentence in the first paragraph of Section 2 and inserting in lieu thereof “Borrower, Guarantor or Tarantula Ventures LLC, a Delaware limited liability company (“Additional Guarantor”)”.
(c) By deleting in their entirety the words “Borrower or Guarantor” from the second sentence of the first paragraph of Section 2 and inserting in lieu thereof “Borrower, Guarantor or Additional Guarantor”.
(d) By deleting in their entirety the words “Borrower and/or Guarantor” from the end of the second to last sentence of Section 2 and inserting in lieu thereof the words “Borrower, Guarantor and/or Additional Guarantor”.
(e) By inserting the words “Additional Guarantor or” before the words “any collateral for the Loan” in Section 3(m).
(f) By deleting in their entirety the words “Borrower or Guarantor” from Section 3(n) and inserting in lieu thereof the words “Borrower, Guarantor or Additional Guarantor”.
(g) By inserting the words “or any other Person” before the words “under the Notes or the other Loan Documents” in Section 3(q).
(h) By inserting the words “or Additional Guarantor” before the words “under the Notes or the other Loan Documents” in Section 3(y).
(i) By inserting the words “or Additional Guarantor” after the words “right of subrogation against Borrower” in the first sentence of the last paragraph of Section 3.
(j) By inserting the words “or Additional Guarantor” after the words “any remedies against Borrower” in the last sentence of the last paragraph of Section 3.
(k) By deleting in their entirety the words “Borrower or Guarantor” after the words “performance of any obligations or undertakings of” in the second sentence of Section 4 and inserting in lieu thereof the words “Borrower, Guarantor or Additional Guarantor”.
(l) By inserting the words “or Additional Guarantor” after the words “require the Credit Parties to join Borrower” and after the words “any judgment against Borrower” in the second sentence of Section 5.
(m) By inserting the words “or Additional Gu...
Modification of the Guaranty. Guarantors, Agent and Lenders do hereby modify and amend the Guaranty as follows:
(a) By deleting the words “Revolving Credit Notes” appearing in the second (2nd) line of paragraph (a) of the Guaranty on page 1 thereof, and inserting in lieu thereof the words “‘Revolving Credit Notes’ (for the avoidance of doubt as defined in the Credit Agreement)”; and
(b) By deleting the amount “$300,000,000.00” appearing in the last sentence of Section 3 of the Guaranty and inserting in lieu thereof the amount “$500,000,000.00.”
Modification of the Guaranty. Guarantor, the Banks and the Agent do hereby modify and amend the Guaranty by deleting in its entirety the fourth paragraph appearing on page 1 of the Guaranty, and inserting in lieu thereof the following: AWHEREAS, Debtor, Guarantor, the Banks and Agent entered into that certain Amended and Restated Master Revolving Credit Agreement dated as of June 24, 1996, as
Modification of the Guaranty. Guarantors, Agent and Lenders do hereby modify and amend the Guaranty by deleting the words and numbers “Nine Hundred Fifty Million and No/100 Dollars ($950,000,000.00)” appearing in the sixth (6th) line of Paragraph A of the Guaranty, appearing on page 1 thereof, and inserting in lieu thereof the words and numbers “One Billion Two Hundred Million and No/100 Dollars ($1,200,000,000.00)”.
Modification of the Guaranty. Guarantors, Agent and Lenders do hereby modify and amend the Guaranty by (i) deleting the words “0000 Xxxx Xxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxx 00000” in §13 thereof and inserting in lieu thereof the words “0000 Xxxxx Xxxxxxx Xxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000” and (ii) inserting the following sentence immediately after the first (1st) sentence of Paragraph A of the Guaranty, appearing on page 1 thereof: “On June 16, 2017, the Credit Agreement was amended by an agreement whereby the Lenders agreed to make the Loan available to Borrower in the maximum aggregate amount at any time outstanding not to exceed the sum of Two Billion and No/100 Dollars ($2,000,000,000.00), increasable to Two Billion Three Hundred Million and No/100 Dollars ($2,300,000,000.00)."
Modification of the Guaranty. Guarantors and Agent do hereby modify and amend the Guaranty as follows:
(a) By renumbering Paragraph 5(y) of the Guaranty as Paragraph 5(z), by renumbering existing Paragraph 5(z) of the Guaranty as Paragraph 5(aa), and inserting the following as new Paragraph 5(y) of the Guaranty:
