Reference to and Effect on the Note Agreement. Upon the final effectiveness of this First Amendment, each reference in the Note Agreement and in other documents describing or referencing the Note Agreement to the “Agreement,” “Note Agreement,” “hereunder,” “hereof,” “herein,” or words of like import referring to the Note Agreement, shall mean and be a reference to the Note Agreement, as amended hereby.
Reference to and Effect on the Note Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof each reference in the Note Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Note Agreement, and each reference in any other document to "the Note Agreement", "thereunder", "thereof" or words of like import referring to the Note Agreement, shall mean and be a reference to the Note Agreement, as amended hereby.
(b) Except as specifically amended and waived above, the Note Agreement, and all other related documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any holder of a Note under the Note Agreement or the Notes, nor constitute a waiver of any provision of any of the foregoing.
Reference to and Effect on the Note Agreement. (a) Upon the effectiveness hereof, each reference to the Note Agreement in the Note Agreement or any other Transaction Document shall mean and be a reference to the Note Agreement as amended hereby.
(b) Except as specifically amended above, the Note Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.
(c) Other than as expressly set forth herein, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Noteholders, nor constitute a waiver of any provision of the Note Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.
(d) This Amendment shall constitute a “Transaction Document.”
Reference to and Effect on the Note Agreement. (a) Upon the effectiveness of this Amendment, on and after the date hereof each reference in the Note Agreement to "this Agreement", "hereunder", "hereof" or words of like import referring to the Note Agreement, and each reference in any other document to "the Note Agreement", "thereunder", "thereof" or words of like import referring to the Note Agreement, shall mean and be a reference to the Note Agreement, as amended hereby and each reference to the Notes, and each reference in any other document to "the Notes", "thereunder", "thereof" or words of like import referring to the Notes, shall mean and be a reference to the Notes, as amended hereby.
(b) Except as specifically amended above, the Note Agreement and the Notes, and all other related documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any holder of a Note under the Note Agreement or the Notes, nor constitute a waiver of any provision of any of the foregoing.
Reference to and Effect on the Note Agreement. (i) On and after the date hereof, each reference in the Note Agreement to "this Agreement", "hereunder", "hereof", "herein" or words of like import referring to the Note Agreement shall mean and be a reference to the Amended Agreement.
(ii) Except as specially amended by this Amendment, the Note Agreement shall remain in full force and effect and is hereby ratified and confirmed.
(iii) The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Lender under, the Note Agreement.
Reference to and Effect on the Note Agreement. In connection with the foregoing, the Note Agreement is modified and amended and restated as set forth in Exhibit I, and each reference in the Note Agreements to “this Agreement”, “hereunder” and words of like import referring to the Note Agreement, and each reference in the Notes and in each related document and agreement to “the Agreement,” “thereunder” and words of like import referring to the Note Agreement, in each case shall mean and be a reference to the Amended and Restated Note Agreement. The Amended and Restated Note Agreement and the Notes, and all other related documents and agreements are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The Note Agreement shall be amended and restated hereby upon the execution and delivery of this Agreement by the Company and the Majority Holders, whereupon the same shall apply equally to all holders of Notes and shall be binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment and restatement.
Reference to and Effect on the Note Agreement. 4.1 This Fourth Amendment shall be construed in connection with and is a part of the Note Agreement and the Notes and except as modified and expressly amended by this Fourth Amendment, all terms, conditions and covenants contained in the Note Agreement and the Notes are hereby ratified and confirmed and shall be and remain in full force and effect.
4.2 Except as expressly provided herein, the execution, delivery and effectiveness of this Fourth Amendment shall not operate as a waiver of: (i) any right, power or remedy of the Noteholders under the Note Agreement or the Notes or any of the documents or agreements executed and delivered in connection therewith, or (ii) any Event of Default under the Note Agreement.
Reference to and Effect on the Note Agreement. (a) Except as specifically waived above, the Note Agreement and the Notes, and all other related documents, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed by the Company.
(b) The execution, delivery and effectiveness of this Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any holder of a Note under the Note Agreement or its Notes, nor constitute a waiver of any provision of any of the foregoing.
Reference to and Effect on the Note Agreement. 4.1 This Third Amendment shall be construed in connection with and is a part of the Note Agreement, shall be effective as of December 31, 2000, and except as modified and expressly amended by this Third Amendment and the Allonges, all terms, conditions and covenants contained in the Note Agreement and the Notes are hereby ratified and confirmed and shall be and remain in full force and effect.
4.2 Except as expressly provided herein, the execution, delivery and effectiveness of this Third Amendment shall not operate as a waiver of: (i) any right, power or remedy of the Noteholders under the Note Agreement or any of the documents or agreements executed and delivered in connection therewith, or (ii) any Event of Default under the Note Agreement.
4.3 Upon the effectiveness of this Third Amendment, each reference in the Note Agreement to:
(a) this Agreement," "hereunder," "hereof," "herein" or words of like import shall mean and be a reference to the Note Agreement as amended hereby;
Reference to and Effect on the Note Agreement. A. On and after the date hereof, each reference in the Note Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Note Agreement shall mean and be a reference to the Amended Note Agreement.
B. Except as specifically amended by this Amendment, the Note Agreement shall remain in full force and effect and is hereby ratified and confirmed.
C. The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of Century under, the Note Agreement or the Note.
