Replacement and / or deletion Sample Clauses
Replacement and / or deletion of specific provisions
(a) The Existing Representations and Warranties, the Existing Information Undertakings, the Existing Financial Covenants, the Existing Notification Requirements and the Existing General Undertakings are deleted.
(b) The Existing Events of Default are deleted in their entirety and replaced with the following Event of Default: “Any Event of Default occurs under any of Clauses 26.1 (Non-payment) to 26.15 (Failure to perform payment obligations) of the financing agreement entered into in August 2009 between, among others, CEMEX, S.A.B. de C.V. and certain of its subsidiaries (including CEMEX España), Citibank International PLC as Administrative Agent, Wilmington Trust (London) Limited as Security Agent and the “Participating Creditors” (as defined therein).”
(c) The Existing Sharing Provisions are deleted.
(d) The Existing Extension and Term Out Provisions are deleted.
(e) The Existing Mandatory Prepayment Provisions and the Existing Change of Control Provisions are deleted.
(f) Each Existing Single Lender Repayment Clause is deleted.
(g) Each Existing Guarantor Release Restriction Clause is deleted and the provisions of Clause 28 (Changes to the Obligors) will replace any provisions in the Existing Finance Documents relating to the release of Obligors (with such amendments to defined terms required to be made being deemed to be made).
(h) The Existing Optional Currency Provisions are deleted.
(i) The Existing Acceleration Clauses are amended by providing that:
(i) the ability of any party to an Existing Finance Document to exercise their rights under any such clause is expressly subject to prior authorisation by the Majority Participating Creditors of the taking of such action under the Intercreditor Agreement; and
(ii) in the case of an Event of Default under Clauses 26.6 (Insolvency) or Clause 26.7 (Insolvency proceedings) of this Agreement with respect to an Obligor, all commitments under the Facilities shall be cancelled automatically and immediately, each Facility Limit will be reduced to zero automatically and immediately and all Exposures of the Participating Creditors under the Facilities (together with accrued interest and all other amounts accrued under the Finance Documents) shall become due and payable automatically and immediately without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived.
(j) In relation to each Revolving Facility:
(i) the Existing Drawdown Conditions are del...
