Common use of Updates to Schedules Clause in Contracts

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct same; provided, however, that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or -------------------- disclosures provided on any of the Schedules attached hereto (other than Schedules relating solely to representations and warranties made solely as of the date expressly specified therein, which representations and warranties shall be true and correct as of such specified date) become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct the same; provided, however, however that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 no Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach update that would disclose the occurrence of warranty an event or representation resulting from the inaccuracy condition which constitutes a Potential Default or incompleteness Event of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or updateDefault, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required LendersBanks, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct samesame and in the event that the Loan Parties should acquire after the Closing Date any parcel of real property (other than Gas Properties) having a market value greater than or equal to the Threshold Amount, the Loan Parties shall update Schedule 1.1(R) to include such real property; provided, however, that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 no Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute reasonable discretion, pursuant to Section 10.10, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such other than revisions or updates to Schedules 1.1(R), 6.1.1, 6.1.2 or 6.1.13, which result solely from actions of the Loan Parties permitted hereunder, which revised schedules shall be deemed to be accepted by the Administrative Agent upon delivery of such ScheduleSchedules by the Borrower thereto).

Updates to Schedules. Should If any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly shall, upon the reasonable request of the Agent, provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct same; provided, however, that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 . No Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule; provided, however, that the Borrower may, with the prior written consent of the Agent, modify Schedule 7.02 by deleting therefrom the Stencil Number and Car Type of any Railcar listed in such Schedule that has been damaged, destroyed or otherwise rendered unserviceable and thus ceases to serve as collateral for the Debt of Andersons and by inserting into such Schedule the Stencil Number and Car Type of another Railcar of the Borrower, approved by the Agent in writing, that will serve as substitute or replacement collateral for such Debt of Andersons.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly (1) may at any other time, or (2) shall, in connection with the delivery of the financial statements pursuant to Section 8.03(a) or 8.03(b) or a Guarantor Joinder delivered hereunder, provide the Administrative Agent Agent, in writing writing, with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct samesame and in the event that the Loan Parties should acquire after the Effective Date any parcel of real property (other than Excluded Property), the Loan Parties shall update Schedule 1.1(R) to include such real property to the extent such schedule is no longer accurate; provided, however, that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 no Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretionat the direction of the Required Lenders, pursuant to Section 13.16, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such other than revisions or updates to Schedules 1.1(R), 6.2, 6.13 and 6.24, which result solely from actions of the Loan Parties permitted hereunder, which revised schedules shall be deemed to be accepted by the Agent upon delivery of such ScheduleSchedules by the Borrower thereto).

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct same; provided, however, that (i) Schedules 1.1(R1.l(R), 6.1.1, and 6.1.2 shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto pursuant to this Article 6 become outdated or incorrect in any material respectincorrect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct same, concurrent with its delivery of a Compliance Certificate pursuant to Section 8.3.3 [Certificate of the Borrower]; provided, however, that that, in the case of any such Schedule which becomes outdated or incorrect in any respect which is material (i) Schedules 1.1(Rwhether material to the Schedule itself, taken as a whole and in the context of the related representations and warranties, or otherwise material), 6.1.1the Borrower shall promptly revise or update same in advance of delivery of a Compliance Certificate; and further provided, and 6.1.2 however, that no such Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, Agent in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, discretion shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct samesuch information or disclosures (i) from time to time, in connection with the delivery of a Loan Request or application for a Letter of Credit as the case may be and (ii) quarterly, in connection with the delivery of the Compliance Certificate delivered pursuant to Section 8.3.4 hereof; provided, however, that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 shall not be deemed with respect to have been amended, modified any revision or superseded update to a Schedule that occurs as a result of a change that is adverse to the Lenders as determined by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions revised or updates to such Schedules and (ii) all remaining Schedules updated Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto (other than Schedules relating solely to representations and warranties made solely as of the Closing Date, solely as of the Fourth Amendment Effective Date or solely as of the Ninth Amendment Effective Date) become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct the same; provided, however, however that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 no Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach update that would disclose the occurrence of warranty an event or representation resulting from the inaccuracy condition which constitutes a Potential Default or incompleteness Event of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or updateDefault, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required LendersBanks, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto become outdated or incorrect in any material respect, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct same; provided, however, that (i1) Schedules 1.1(R), 6.1.1the preceding clause shall not apply to the Schedule of Subsidiaries and Assets which shall be updated as provided in Section 2.10 [Extension by Lenders of the Expiration Date]or otherwise upon request of the Agent, and 6.1.2 (2) except for the Schedule of Subsidiaries and Assets, no Schedule shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto (other than Schedules relating solely to representations and warranties made solely as of the Closing Date) become outdated or incorrect in any material respectrespect or in the event additional disclosure is required in connection with any Acquisition, the Borrower shall promptly provide the Administrative Agent in writing with such revisions or updates to such Schedule as may be necessary or appropriate to update or correct the same; provided, however, that (i) Schedules 1.1(R), 6.1.1, and 6.1.2 no Schedule shall not be deemed to have been amended, modified or superseded by any such correction or updateupdate that would disclose the occurrence of an event or condition which constitutes a Default or Event of Default, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Administrative Agent, in its sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedules and (ii) all remaining Schedules shall not be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness is the result of any such Schedule be deemed to have been cured thereby, transactions or events expressly permitted hereunder (including Permitted Acquisitions) or unless and until the Required Lenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule.