Other Changes to Credit Agreement Sample Clauses

Other Changes to Credit Agreement. From and after the Effective Date, the following sections in the Credit Agreement shall be modified as follows: a. Section 7.22(a) is deleted in its entirety and shall be replaced as follows: The Borrower's Investment in Real Property Under Development (with each asset valued in accordance with GAAP at cost, as incurred through the reporting date for construction in progress in the most recent quarter of the Consolidated Group for which financial results have been reported, reduced by third party equity contributed by co-owners of the legal entity that owns the subject Real Property to the extent not Affiliates of Borrower) shall not exceed ten percent (10%) of Total Asset Value, except that such limit may be increased to 15% subject to the following conditions: (i) at such time as Borrower shall have exceeded the 10% of Total Asset Value threshold, Borrower shall have one (1) calendar year from the last day of the calendar quarter during which it shall have exceeded the 10% of Total Asset Value threshold to reduce its Investment in Real Property Under Development sufficiently so that the 10% Total Asset Value threshold is met. Following the restoration of compliance with the 10% Total Asset Value test, Borrower must ensure that such compliance is maintained and continued for a minimum of one (1) full calendar quarter before any subsequent non-compliance with the 10% Total Asset Value threshold shall be permitted. b. Section 7.22(d) is deleted in its entirety and shall be replaced as follows:
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Other Changes to Credit Agreement. From and after the Effective Date, the following sections in the Credit Agreement shall be modified as follows: a) Section 2.5 is modified in part by (i) deleting the first sentence thereof through and including the phrase "obligated to pay an Unused Fee," (ii) capitalizing "the” in the reference to “the Borrower” immediately following the language deleted by the preceding clause (i), and (iii) replacing the reference to ”November 18, 2011” with “June 16, 2014". b) Section 2.22(b)(iii) is modified in part by deleting "second anniversary" and replacing it with "first anniversary". c) Section 3.2(a) is modified in part by inserting the phrase “a Subsidiary Guaranty is then in effect pursuant to Section 3.4 and” after the word “if”. d) Section 3.3 is modified in part by deleting the first paragraph thereof in its entirety and replacing it with the following:
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Other Changes to Credit Agreement. From and after the Effective Date, the following sections in the Credit Agreement shall be modified as follows: a. Section 7.1(c) is deleted in its entirety and shall be replaced as follows: Together with the quarterly and annual financial statements required hereunder, a compliance certificate, in substantially the form of Exhibit B attached hereto (a “Compliance Certificate”) signed by the Borrower's chief financial officer or chief executive officer reflecting (i) the calculations and computations necessary to determine compliance with this Agreement, (ii) the roster of Variable Interest Entities comprising the Acquisition Pipeline on such date, and (iii) that, to such officer's knowledge, no Event of Default or Potential Default exists, or if, to such officer's knowledge, any Event of Default or Potential Default exists, stating the nature and status thereof, provided that any Compliance Certificate may address both this Agreement as well as that certain Term Loan Agreement dated as of June 3, 2011 by and among Borrower, Administrative Agent and certain other lenders, as it may be amended from time to time; b. Section 7.20(c) is deleted in its entirety and shall be replaced as follows: The ratio of Consolidated Unsecured Indebtedness to Unencumbered Real Property Value to be greater than 0.625:1 as of the end of any fiscal quarter. c. Section 7.22(a) is deleted in its entirety and shall be replaced as follows: The Borrower's Investment in Real Property Under Development (with each asset valued in accordance with GAAP at cost, as incurred through the reporting date for construction in progress in the most recent quarter of the Consolidated Group for which financial results have been reported) shall not at any time exceed fifteen percent (15%) of Total Asset Value.
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Other Changes to Credit Agreement. From and after the Effective Date, the following sections in the Credit Agreement shall be modified as follows: a. In Section 2.21 the third sentence thereof shall be replaced by the following “Each Swing Advance shall bear interest at a variable rate for each day such Swing Advance is outstanding equal to the Base Rate Option for such day or, if so elected by the Borrower in the applicable Swing Loan Request, the Daily LIBOR Rate plus the then-current LIBOR Applicable Margin.” b. In Section 7.1(c) the following clause shall be added to the end of such subsection: “provided that any Compliance Certificate may address both this Agreement as well as that certain Term Loan Agreement dated as of June 3, 2011 by and among Borrower, Administrative Agent and certain other lenders;” c. In Section 7.1(f) clause (iv) thereof shall be deleted in its entirety and replaced with the following: “
Sample 1
Other Changes to Credit Agreement. From and after the Effective Date, the following sections in the Credit Agreement shall be modified as follows: Section 7.1 (c) is deleted in its entirety and shall be replaced as follows: Together with the quarterly and annual financial statements required hereunder, a compliance certificate, in substantially the form of Exhibit B attached hereto (a “Compliance Certificate”) signed by the Borrower's chief financial officer or chief executive officer reflecting (i) the calculations and computations necessary to determine compliance with this Agreement, (ii) the roster of Variable Interest Entities comprising the Acquisition Pipeline on such date, and (iii) that, to such officer's knowledge, no Event of Default or Potential Default exists, or if, to such officer's knowledge, any Event of Default or Potential Default exists, stating the nature and status thereof, provided that any Compliance Certificate may address both this Agreement as well as that certain Term Loan Agreement dated as of June 3, 2011 by and among Borrower, Administrative Agent and certain other lenders, as it may be amended from time to time; b.
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Other Changes to Credit Agreement. From and after the Effective Date, the following sections in the Credit Agreement shall be modified as follows: a. In Section 2.5 the words “(the “Fee Letter”)” shall be replaced by the words “and pursuant to the Borrower’s letter agreement with the Administrative Agent dated as of February 13, 2008 (collectively, the “Fee Letter”).” b. The text of Section 7.20(b) shall be deleted in its entirety and replaced with the following: “The ratio of Consolidated Adjusted EBITDA to Consolidated Fixed Charges to be less than 1.35:1 as of the end of any fiscal quarter.” c. The text of Section 7.20(c) shall be deleted in its entirety and replaced with the following: “The ratio of Consolidated Unsecured Indebtedness to Unencumbered Real Property Value to be greater than 0.65:1 as of the end of any fiscal quarter.” d. In Section 7.20(d) the ratio “2.40:1” shall be replaced with “2.00:1.” e. A new subsection (e) shall be added at the end of Section 7.20 and shall read as follows: “
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Other Changes to Credit Agreement 
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Related to Other Changes to Credit Agreement

  • Amendments to Credit Agreement (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Specific Amendments to Credit Agreement Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows: (a) The Credit Agreement is amended by adding the following definitions to Section 1.01 thereof in the appropriate alphabetical location:

  • Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:

  • Credit Agreement (a) Capitalized terms used in this Agreement and not otherwise defined herein have the respective meanings assigned thereto in the Credit Agreement. All terms defined in the New York UCC (as defined herein) and not defined in this Agreement have the meanings specified therein. The term “instrument” shall have the meaning specified in Article 9 of the New York UCC. (b) The rules of construction specified in Section 1.02 of the Credit Agreement also apply to this Agreement.

  • References to Credit Agreement All references in the Loan Documents to the Credit Agreement shall be deemed a reference to the Credit Agreement, as modified and amended herein.

  • Amendment of the Credit Agreement Effective as of the Amendment Effective Date, the Credit Agreement is hereby amended as follows: (a) The following definitions are added in the appropriate alphabetical order to Section 1.01 of the Credit Agreement:

  • Amendments to Existing Credit Agreement Effective on (and subject to the occurrence of) the Effective Date, the Existing Credit Agreement is hereby amended in accordance with this Part II. Except as so amended, the Existing Credit Agreement shall continue in full force and effect.

  • Termination of Existing Credit Agreement Receipt by the Administrative Agent of evidence that the Existing Credit Agreement concurrently with the Closing Date is being terminated and all Liens securing obligations under the Existing Credit Agreement concurrently with the Closing Date are being released.

  • to Credit Agreement COLLATERAL REPORTS Borrower shall deliver or cause to be delivered the following:

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B.

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