of the Note Agreement. Section 9.02 of the Note Agreement is hereby amended to read in its entirety as follows:
of the Note Agreement. Section 5.1 of the Note Agreement is hereby amended by inserting the following new defined term in the appropriate alphabetical order:
of the Note Agreement. Section 5.21 of the Note Agreement is hereby amended by deleting such section in its entirety and substituting the following section therefor:
of the Note Agreement. Section 7.05 of the Note Agreement is hereby amended by deleting clause (b) of such Section 7.05 in its entirety and substituting the following therefor:
of the Note Agreement. Section 9.11 of the Note Agreement is amended by deleting paragraphs (k) and (l) in their entirety and, in lieu of those deleted paragraphs, inserting the following paragraphs (k), (l) and (m):
of the Note Agreement. The first sentence of Paragraph 1 of the Note Agreement is amended by replacing the words "August 13, 2002" with the words "May 30, 2003".
of the Note Agreement. The following shall be added as a new Section 10.8 and a new Section 10.9 respectively of the Note Agreement:
of the Note Agreement. Amendment to Definition of "Subsidiary". The second sentence of the definition of "Subsidiary" shall be amended in its entirety to read as follows:
of the Note Agreement. Section 6.10 of the Note Agreement is hereby amended by deleting the penultimate sentence thereof and replacing it with the following: “Notwithstanding anything in this Section 6.10 to the contrary, the Company and the Subsidiary Guarantors shall be permitted to maintain the following accounts not subject to the Administrative Agent’s control: (i) accounts of the Company or any Subsidiary Guarantor established and maintained for the purpose of holding funds in escrow for the benefit of third parties, (ii) accounts of the Company established and maintained for the purpose of clearing amounts (A) held in the Company’s capacity as the administrative or collateral agent for a syndicate of lenders (but excluding for the avoidance of doubt any syndicate of lenders composed entirely of Note Parties), and/or (B) owed to Investment Vehicles that are not Note Parties in connection with their ordinary course financing transactions, (iii) that certain account of the Company held at Bank of America, N.A. the last four digits of which are 6695 or any replacement or successor account used solely for payroll, employee bonuses, taxes, accounts payable and other miscellaneous finance-related payments, (iv) that certain account of the Company held at Xxxxx Fargo Bank, N.A. the last four digits of which are 6272 or any replacement or successor account generally used for making disbursements, (v) provided that no Default or Event of Default shall have occurred and be continuing, that certain account of I-295 NS Eight Holding, LLC held at Xxxxx Fargo Bank, N.A., the last four digits of which are 0831, provided that, until such time as such REO Subsidiary has delivered to the Administrative Agent a Deposit Account Control Agreement executed by such REO Subsidiary and Xxxxx Fargo Bank, N.A. with respect to such account, (A) such account shall be used solely in connection with the operation and maintenance of the real property owned by such REO Subsidiary or to hold proceeds from the sale or lease of units at such real property and (B) the aggregate amount of funds in such account shall not exceed $100,000 for more than three (3) consecutive Business Days (it being understood for avoidance of doubt that upon the Administrative Agent’s receipt of a Deposit Account Control Agreement with respect to such account executed by such REO Subsidiary and Xxxxx Fargo Bank, N.A., the foregoing clauses (A) and (B) shall cease to be in effect) and (vi) provided that no Default or Event of Defau...
of the Note Agreement. The Company represents and warrants that the representations and warranties contained in Section 5 of the Note Agreement are true and correct as of the date hereof, except (i) to the extent that any of such representations and warranties specifically relate to an earlier date, (ii) for such changes, facts, transactions, and occurrences that have arisen since December 19, 2013 in the ordinary course of business, and (iii) for other changes that could not reasonably be expected to have a Material Adverse Effect.
