Sixth Amendment Sample Clauses

Sixth Amendment. This Sixth Amendment executed by the Borrower and the Bank.

Sixth Amendment. This Sixth Amendment duly executed and delivered by each of the Borrowers, the Lenders, and the Administrative Agent.

Sixth Amendment. The Administrative Agent shall have received multiple counterparts as requested of this Sixth Amendment from the Borrower, each other Obligor and each Lender.

Sixth Amendment. The Administrative Agent shall have received this Sixth Amendment executed and delivered by the Administrative Agent, the Borrower, the Lenders party to the Credit Agreement constituting the “Required Lenders” thereunder and each Lender which has a Revolving Credit Commitment (or, in the case of any Lender, a lender addendum or joinder agreement in a form specified by the Administrative Agent).

Sixth Amendment. Borrower and Lender shall have duly executed and delivered this Sixth Amendment.

Sixth Amendment. The parties hereto acknowledge and agree that Sections 1(a), (b), (c), (f), (g), (h), (i), (j) and (k) of the Sixth Amendment have not as of the date hereof become effective and are hereby superceded by the terms of this Amendment.

Sixth Amendment. The Sixth Amendment and Limited Waiver, dated as of June 15, 2001, by and among the Borrowers, the Agent and the Banks. SIXTH AMENDMENT WAIVER PERIOD. The period from the "Effective Date" as defined in the Sixth Amendment through the date which is the earliest to occur of (a) 5:00 p.m. (Boston time) on September 28, 2001 and (b) any Borrower's failure to comply with the terms and conditions of this Sixth Amendment, the Credit Agreement or the other Loan Documents. TYPE A EVENT. Any transaction (including, without limitation, a merger or Asset Sale) which the Board of Directors of the Company, in its reasonable determination, concludes will result in the payment in full in cash of all Obligations owed to the Banks and the Agent. TYPE B EVENT. Any transaction (including, without limitation, a divestiture of one or more divisions) which the Board of Directors of the Company, in its reasonable determination, concludes will result in the payment of (i) more than $25,000,000 of Obligations owed to the Banks and the Agent BUT (ii) less than an amount sufficient to pay in full in cash all Obligations owed to the Banks and the Agent. TYPE C EVENT. Any event that shall result in (i) cost savings to the Company and/or any of its Subsidiaries in an aggregate amount projected on an annualized basis to be not less than $8,000,000 (such projections having been confirmed by the Bank's financial advisor) and (ii) the Board of Directors of the Company, in its reasonable determination, concludes will result on an annualized basis in a permanent reduction of the Total Commitment to $38,000,000 or less.

Sixth Amendment. (collectively, the “Revolving Credit Note”) substantially in the form attached hereto as Exhibit 2.1(a). Notwithstanding anything to the contrary contained in the foregoing or otherwise in this Agreement, the outstanding aggregate principal amount of Swing Loans and the Revolving Advances at any one time outstanding shall not exceed an amount equal to the lesser of (i) the Maximum Revolving Advance Amount, less the Maximum Undrawn Amount of all outstanding Letters of Credit, less Reserves established hereunder (other than the Past Due Payable Reserve) or (ii) the Formula Amount. (b) [Reserved].

Sixth Amendment. The Administrative Agent shall have received (i) this Sixth Amendment, executed and delivered by the Borrower and each Lender, which shall be in full force and effect and (ii) the Reaffirmation Agreement, executed and delivered by each Guarantor, which shall be in full force and effect.

Sixth Amendment. Allowed two earthen berms, two access roads, and two barrier gates on the Premises for Phase VII of the Xxxxx Lake Dust Mitigation Project. (Approved 6/1/2009; Available at: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009 Documents/06-01- 09/ITEMSANDEXHIBITS/C23.pdf) Seventh Amendment. Authorized drip irrigation components for Phase VII of the Xxxxx Lake Dust Control Project. (Approved 10/22/2009; Available at: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009Documents/10-22-09/ITEMS AND EXHIBITS/C17.pdf) Eighth Amendment. Authorized sand fencing and irrigation facilities on area T1A-01 of the Premises. (Approved 12/17/2009; Available at: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009 Documents/12-17- 09/VotingRecord.pdf; Note: Recommendation modified; for actual approval, see: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009 Documents/12-17-09/Minutes.pdf)