Third Amendment to Credit Agreement. The Administrative Agent shall have received multiple original counterparts, as requested by the Administrative Agent, of this Amendment duly and validly executed and delivered by duly authorized officers of the Borrower, the Guarantor, the Administrative Agent, the Assignors, the Assignee and each Lender.
Third Amendment to Credit Agreement. This Amendment to Credit Agreement shall be in full force and effect.
Third Amendment to Credit Agreement. To induce the Credit Parties to enter into this Amendment, the undersigned hereby consent and agree (a) to its execution and delivery and terms and conditions thereof, (b) that this document in no way releases, diminishes, impairs, reduces, or otherwise adversely affects any guaranties, assurances, or other obligations or undertakings of any of the undersigned under any Loan Documents, (c) waive notice of acceptance of this Amendment, which Amendment binds each of the undersigned and their respective successors and permitted assigns and inures to the benefit of the Credit Parties and their respective successors and permitted assigns, and (d) expressly acknowledge and agree to the terms and conditions of Section 11 of this Amendment. CIM/J STREET HOTEL SACRAMENTO, L.P., a California limited partnership By: CIM/J Street Hotel Sacramento GP, LLC, a California limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM/OAKLAND 1 XXXXXX PLAZA, LP, a Delaware limited partnership By: CIM/Oakland Office Properties GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM/OAKLAND 2353 XXXXXXX, XX, a Delaware limited partnership By: CIM/Oakland Office Properties GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer Signature Page to CIM Urban Partners, L.P. Third Amendment to Credit Agreement CIM/OAKLAND CENTER 21, LP, a Delaware limited partnership By: CIM/Oakland Office Properties GP, LLC, a Delaware limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM/OAKLAND DOWNTOWN, L.P., a Delaware limited partnership By: CIM Urban REIT GP I, LLC, a California limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM URBAN REIT PROPERTIES I, L.P., a California limited partnership By: CIM Urban REIT GP I, LLC, a California limited liability company, its General Partner By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President and Chief Financial Officer CIM URBAN REIT PROPERTIES II, L.P., a California limited partnership By: CIM Urban REIT GP I, LLC, a California limited liability company, its Genera...
Third Amendment to Credit Agreement. This Amendment to Credit Agreement shall be executed and delivered by each of the parties thereto (including all Lenders).
Third Amendment to Credit Agreement. 1. Section 8.08 of the Credit Agreement is hereby amended to read in its entirety as follows:
Third Amendment to Credit Agreement. This THIRD Amendment to Credit Agreement (the “Amendment”) is made and entered into as of September 5, 2006, by and between BANK OF THE WEST (the “Bank”) and GUIDANCE SOFTWARE, INC. (the “Borrower”) with respect to the following: This Amendment shall be deemed to be a part of and subject to that certain Credit Agreement dated as of May 4, 2005, as it may be amended from time to time, and any and all addenda and riders thereto (collectively the “Agreement”). Unless otherwise defined herein, all terms used in this Amendment shall have the same meanings as in the Agreement. To the extent that any of the terms or provisions of this Amendment conflict with those contained in the Agreement, the terms and provisions contained herein shall control.
Third Amendment to Credit Agreement. The obligations in Sections 6.01(a), (b) and (c) above may be satisfied by furnishing the applicable financial statements of Parent and its Subsidiaries, so long as, in each case, such information is accompanied by unaudited consolidating information, in form and substance reasonably acceptable to the Administrative Agent, that explains in reasonable detail the differences between the information relating to Parent and its consolidated Subsidiaries, on the one hand, and the information relating to the Holdings and its consolidated Subsidiaries on a standalone basis, on the other hand. In addition, to the extent that, (x) for any four fiscal quarter period ending as of the last day of (i) any fiscal year for which financial statements are required to be delivered pursuant to Section 6.01(a) or (ii) any fiscal quarter for which financial statements are required to be delivered pursuant to Section 6.01(b), any direct or indirect parent of Holdings that is a Subsidiary of Parent directly generates in excess of 10% of the sales of Parent and its Subsidiaries on a consolidated basis or (y) as of the last day of (i) any fiscal year for which financial statements are required to be delivered pursuant to Section 6.01(a) or (ii) any fiscal quarter for which financial statements are required to be delivered pursuant to Section 6.01(b), any direct or indirect parent of Holdings that is a Subsidiary of Parent directly holds in excess of 10% of the total assets of Parent and its Subsidiaries on a consolidated basis, the foregoing reports shall also be accompanied by unaudited consolidating information, in form and substance reasonably acceptable to the Administrative Agent, that presents, in reasonable detail, the consolidating results of such parent company.
Third Amendment to Credit Agreement. (g) Section 7.03(g)(v) of the Existing Credit Agreement is hereby amended by deleting the reference to “this clause (vi)” therein and replacing it with “this Section 7.03(g).”
Third Amendment to Credit Agreement active or retired judge) to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision, provided that at the option of any party to such proceeding, any such issues pertaining to a “provisional remedy” as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) without limiting the generality of Section 11.04, the Borrowers shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.
Third Amendment to Credit Agreement. (g) receipt by the Administrative Agent of a duly executed and delivered certificate of a Responsible Officer of the Borrowers, certifying that, before and after giving effect to borrowing of the Incremental Term Loans pursuant to Section 3 hereof and the use of proceeds thereof, each of the following are satisfied (for purposes of the following subclauses of this clause (g), terms used but not otherwise defined herein or in the Credit Agreement shall have such meanings assigned to them in that certain Commitment Letter (the “Commitment Letter”) dated November 3, 2017, among Holdings, Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated, SunTrust Xxxxxxxx Xxxxxxxx, Inc., SG Americas Securities, LLC, Bank of America, N.A., SunTrust Bank and Societe Generale):
