Common use of Termination of Certain Amendments Clause in Contracts

Termination of Certain Amendments. To the extent that, on or after December 31, 2015, any Material Credit Facility (as defined in Exhibit A) contains any covenant or provision that would be more beneficial to the Noteholders than the analogous provisions contained in Sections 10.3, 10.4, 11(f) of the Existing Note Purchase Agreement (and any related definitions and in the definition of Priority Debt of this Amendment Agreement) (the “Designated Amendments”), then on and effective as of December 31, 2015, the amendments to the Designated Amendments (and related definitions) in this Amendment Agreement are hereby automatically terminated and of no further force and effect, and such provisions shall be as in effect immediately prior to giving effect to this Amendment Agreement; provided that the definition of Priority Debt would remain as set forth in this Amendment Agreement except that the reference to “$1,000,000,000” contained therein would be replaced with “$500,000,000” effective on such date.

Appears in 3 contracts

Samples: Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc)

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Termination of Certain Amendments. To the extent that, on or after December 31, 2015, any Material Credit Facility (as defined in Exhibit A) contains any covenant or provision that would be more beneficial to the Noteholders than the analogous provisions contained in Sections 10.3paragraphs 6B(2), 10.46B(3), 11(f7A(iii) of the Existing Note Purchase Agreement (and any related definitions and in the definition of Priority Debt of this Amendment Agreement) (the “Designated Amendments”), then on and effective as of December 31, 2015, the amendments to the Designated Amendments (and related definitions) in this Amendment Agreement are hereby automatically terminated and of no further force and effect, and such provisions shall be as in effect immediately prior to giving effect to this Amendment Agreement; provided that the definition of Priority Debt would remain as set forth in this Amendment Agreement except that the reference to “$1,000,000,000” contained therein would be replaced with “$500,000,000” effective on such date.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (CHS Inc)

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