Proposed Modifications. Consider and evaluate Contractor’s suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit Engineer’s response (if any) to such suggestions to Contractor.
Proposed Modifications. (i) In the event of the refusal by a Lender to consent to a Proposed Modification with respect to such Lender’s Revolving Loans or Term Loans, as applicable, Company may, upon five (5) Business Days’ prior written notice to Administrative Agent (or such shorter period of time agreed to by the Administrative Agent) (which notice Administrative Agent shall promptly transmit to each of the Lenders), repay all such Revolving Loans or Term Loans, as applicable (but, for the avoidance of doubt, not any other Loans (or tranches) of such Lender that are not proposed to be modified by such Proposed Modification), including all amounts, if any, owing pursuant to Section 2.11, together with accrued and unpaid interest, fees and all other amounts then owing to such Lender so long as in the case of the repayment of Revolving Loans of any Lender pursuant to this paragraph (c), (x) the Revolving Commitment of such Lender is terminated concurrently with such repayment pursuant to Section 2.13(b) (at which time Annex A-2 or Annex A-3 as applicable, shall be deemed modified to reflect the changed Revolving Commitments), and (y) such Lender’s Pro Rata Share of all outstanding Letters of Credit is Cash Collateralized in a manner satisfactory to Administrative Agent and the respective Issuing Banks. Each prepayment of the Term Loans pursuant to this Section 2.13(c) shall reduce the then remaining scheduled repayments of the Term Loans (including, for the avoidance of doubt, the bullet due at maturity) on a pro rata basis (based upon the then remaining principal amount of each such scheduled repayment of the Term Loans after giving effect to all prior reductions thereto). -92- 105376510
(ii) In the event of the refusal by a Lender to consent to a Proposed Modification with respect to such Lender’s Revolving Commitments, Company shall have the right upon five (5) Business Days’ prior written notice to Administrative Agent (or such shorter period of time agreed to by the Administrative Agent) (which notice Administrative Agent shall promptly transmit to each of the Lenders), to terminate the entire Revolving Commitment of such Lender (but not any other Commitments or Loans of such Lender that are not proposed to be modified by such Proposed Modification), so long as (x) all Revolving Loans, together with accrued and unpaid interest, fees and all other amounts, owing to such Lender (including all amounts, if any, owing pursuant to Section 2.18) are repaid concurrently with the eff...
Proposed Modifications. Except as set forth on Schedule 3.2(d), Lilly represents and warrants to ViroPharma that Lilly is not currently executing nor does Lilly have any reason to execute or consider, any Modification that would require the approval of or a filing with the FDA, including any change in Applicable Law. Lilly shall indemnify ViroPharma for any costs and expenses (including capital expenditures, regulatory and other costs) incurred due to any such Modification Lilly knew of or had reason to know about on the Closing Date.
Proposed Modifications. If and to the extent that any Proposed Modification is requested on time by Tenant under Section 2(a), then the cost to Tenant of such Proposed Modification shall be determined under Section 2(d) on the basis set forth for such Proposed Modification on Schedule 3 to this Exhibit D.
