Recital A. The second sentence of Recital A to the Agreement hereby is amended by deleting therefrom: "and all shares of Preferred Stock and Common Stock hereafter acquired by Executive".
Recital A. Recital A of the Loan Agreement is amended in its entirety and replaced with the following:
A. Borrower has requested Lender to make available to Borrower Term Advances in an aggregate principal amount of up to $55,000,000 (the “Term Loan”); and”
Section 1.1 (Definitions and Rules of Construction). The following definitions set forth in Section 1.1 of the Loan Agreement shall be amended in their entirety and replaced with the following:
Recital A. The phrase “Four Million Dollars ($4,000,000)” in Recital A of the Securities Purchase Agreement is hereby deleted and replaced with “Five Million Dollars ($5,000,000)”.
Recital A of the Employment Agreement is amended by deleting it in its entirety and substituting the following therefor:
A. The Company and Executive desire to enter into an agreement pursuant to which the Company will employ Executive as its President and Chief Executive Officer subject to the terms and conditions of this Agreement.
Recital A. Recital A of the Stockholders Agreement is hereby amended and restated to read in its entirety as follows: “The Company has entered into that certain Series F Preferred Stock Purchase Agreement, dated as of September 15, 2014 (as the same may be amended from time to time, the “Purchase Agreement”), pursuant to which the Company has agreed to issue and sell up to an aggregate of 17,266,187 shares of its Series F Convertible Preferred Stock, $.01 par value (collectively, the “Series F Preferred”) at $1.39 per share at one or more closings (the “Financing”).”
Recital A. Recital “A” of the Guaranty (under the heading “PURPOSE”) shall be deleted in its entirety and replaced with the following:
A. Guarantors’ parent company, Cord Blood America, Inc., a Florida corporation (“CBAI”), has issued to Investor that certain Secured Convertible Promissory Note of even date herewith in the original principal amount of $1,252,000.00 (as the same may be amended, and including any promissory note for which said note is subsequently exchanged, the “Note”) pursuant to a Securities Purchase Agreement of even date herewith by and between CBAI and Investor (the “Purchase Agreement”).”
Section 1. Section 1 of the Guaranty shall be deleted in its entirety and replaced with the following:
Recital A of the Intercreditor Agreement is hereby amended and restated in its entirety to read as follows:
A. Certain of the Credit Parties, certain other foreign subsidiaries (the "Foreign Indenture Obligors") of the Parent (including, among others, Philipp Brothers Netherlands III B.V. (the "Dutch Issuer" and, together with the Parent, the "Issuers")), the Collateral Agent, and HSBC, in its capacity as Trustee (in such capacity, together with its successors and assigns (if any) in such capacity, the "Trustee"), have entered into an Indenture, dated as of October 21, 2003, as amended by that certain First Supplemental Indenture dated as of June 25, 2004 and that certain Second Supplemental Indenture dated as of December 8, 2004 (as amended, restated, supplemented or otherwise modified from time to time in conformance with the provisions of this Agreement, the "Indenture"), pursuant to which the Issuers have issued 127,491 Units (and, together with any additional units that may be issued from time to time thereunder or exchanged therefor or for such additional units, the "Units"), consisting of $103,207,000 aggregate principal amount of 13.0% Senior Secured Notes due 2007 issued by the Parent (and, together with any additional notes that may be issued by the Parent from time to time thereunder or exchanged therefor or for such additional notes, the "U.S. Notes") and $24,284,000 aggregate principal amount of 13.0% Senior Secured Notes due 2007 issued by the Dutch Issuer (and, together with any additional notes that may be issued by the Dutch Issuer from time to time thereunder or exchanged therefor or for such additional notes, the "Dutch Notes" and, together with the U.S. Notes, the "Notes"). The repayment of the Indenture Secured Obligations (as hereinafter defined) is secured by, among other things, security interests in and liens on the assets and properties described in the Domestic Collateral Agreements (as defined in the Indenture) dated as of the date hereof (in each case, as amended, restated, supplemented or otherwise modified from time to time in conformance with the provisions of this Agreement, the "Indenture Domestic Collateral Agreements" and, together with the Indenture and all Control Agreements (as defined in the U.S. Security Agreement (as defined in the Indenture)) executed and delivered in connection therewith, the "Indenture Agreements"), made by certain of the Credit Parties in favor of the Collateral Agent for the benefit of the Collateral Ag...
Recital A is hereby deleted in its entirety and replaced with the following:
A. Borrower has requested that Lenders extend credit to Borrower in the form of this Agreement, providing for, among other things, a revolving credit facility in the aggregate principal amount of up to $2,025,000,000 (subject to increases as further provided herein).
Recital A. Target....................................... 5.1(e)(iv) Tax Partnership.............................. 4.1(h)(i) tax/taxes/taxable............................ 4.1(h)(i) Tenant Security Deposits..................... 8.4(e) Title Company................................ 6.28
Recital A. (x) Xxx following terms, as used herein, have the following meanings:
