Pursuant to Section 12. 3 of the Agreement, the Seller has requested that the New Purchaser Group agree to become a “Purchaser Group” under the Agreement.
Pursuant to Section 12. 16 of the Credit Agreement, each Bank has the right to assign or transfer all or any part of its rights and/or obligations under the Credit Agreement on the terms therein provided. The Trustee shall notify the Owner promptly following any such assignment, transfer or change.
Pursuant to Section 12. 1(b) of the Credit Agreement, upon the Effective Date, Schedule 1.1(b) and Schedule 1.1(d) to the Credit Agreement shall, automatically and without any further action required, be amended to include the information set forth on Schedule 1.1(b) and Schedule 1.1(d) attached hereto. The address and jurisdiction of organization or incorporation of each undersigned Other Subsidiary Borrower of the Company is set forth in Annex I to this Joinder Agreement.
Pursuant to Section 12. 7 of the Agreement and in connection with the Subsequent Advance contemplated by this Amendment, the Company will reimburse Lender for all fees and expenses incurred by Xxxxxx relating to this Amendment and the making of the contemplated Subsequent Advance. Lender will withhold $500 of the Subsequent Advance requested hereby and apply it towards Company’s obligation to pay Xxxxxx’s fees and expenses incurred in connection with this Amendment.
Pursuant to Section 12. 1 of the Operating Agreement, except as otherwise provided in the Operating Agreement, all amendments to the Operating Agreement must be approved by members holding a majority of the outstanding Common Units and a majority of the outstanding Series A Preferred Units of the Company (the “Majority Interest Members”). Now, therefore, the Company and the Majority Interest Members hereby agree as follows.
Pursuant to Section 12. 3 of the Credit Agreement, -------- the Company shall reimburse the Agent and the Lenders upon demand for all costs and expenses (including attorneys' fees) incurred by the Agent or the Lenders in the preparation, negotiation and execution of this Amendment and the other agreements and documents executed and delivered in connection herewith.
Pursuant to Section 12. 2 of the Stockholders Agreement, each Investor and each other signatory hereto hereby agrees to amend Section 8.4.4 of the Stockholders Agreement by deleting the second sentence thereof and replacing it with the following sentence: "In the case of any Public Offering that is not the IPO or effected pursuant to Section 8.2A, each holder of Shares agrees to enter into a reasonable form of agreement, approved by the Company, restricting the Transfer of any Common Stock during the period beginning seven days immediately preceding and ending on the 90th day following the effective date of the registration statement used in connection with such offering if the underwriters managing such Public Offering demand such an agreement."
Pursuant to Section 12. 02 of the Loan Agreement, the Company and the Banks hereby agree that, effective as of the date hereof, Section 1.01 of the Loan Agreement is hereby amended as follows:
(a) The definition of "Conversion Date" in Section 1.01 of the Loan Agreement is hereby amended in its entirety to read as follows:
Pursuant to Section 12. 03 of the Master Agreement, Borrower and IDOT Guarantor have irrevocably designated Archstone, a Maryland real estate investment trust, as Borrower Agent under the Loan Documents.
Pursuant to Section 12. 1(a) of that certain Standard Industrial/Commercial Multi-Tenant Lease between the Company and Xxxxxxxxx Xxxxxxxxxxx, LLC, dated November 10, 2014 and terminating November 30, 2016 (“Warehouse Lease”), the Company may not assign or transfer the Warehouse Lease without the Lessor’s (as defined therein) written consent. Pursuant to Section 12.1(c) of the Warehouse Lease, any involvement of the Company’s assets in any transaction (including a financing or asset sale) which results in a reduction of Net Worth (as defined therein) of the Company by an amount greater than 25% of such Net Worth as represented at the time of execution of the Warehouse Lease shall be considered an assignment requiring consent of the Lessor. An assignment or transfer without consent shall be considered a Default (as defined therein) of the Warehouse Lease.
