Xxxxxx Agreement Amendments. As of the Effective Date:
Xxxxxx Agreement Amendments. As of the date of this Amendment:
Xxxxxx Agreement Amendments. Subject to the satisfaction of the terms and conditions set forth in Section 5 of this Amendment, the Credit Agreement is amended as follows (the “Credit Agreement Amendments”): (a)Section 1.1 of the Credit Agreement is amended by amending and restating the following definitions in their entirety as follows: “Guarantors” means (i) the Credit Parties (other than the Borrowers) and (ii) for purposes of Section 10.1(j) and Article XIV only, the Parent Guarantors, the U.S. Borrower, Crown Finance and the European Borrower. “U.S. Borrower” means collectively and individually, as the context may require, each of Crown Americas LLC and any additional U.S. Subsidiary that (A) executes a U.S. Borrower Joinder Agreement substantially in the form of Exhibit 13 and (B) delivers to the Administrative Agent, to the extent not previously delivered, (1) the Additional Security Documents required pursuant to Section 7.14, (2) an opinion of counsel which covers matters reasonably satisfactory to Administrative Agent and (3) to the extent not previously delivered, all documentation and other information required under Section 5.1(f)(ii). Any additional U.S. Subsidiary (other than Crown Americas LLC) may be removed as a U.S. Borrower upon (i) execution and delivery by Crown Americas LLC of a written request providing for such removal and (ii) if not previously delivered, satisfaction of the conditions of Section 7.14 of the Credit Agreement, if applicable. For purposes of the definition of “Existing Non-U.S. Facilities”, the definition of “Parent Guarantor”, the definition of “Senior Notes 2023”, the definition of “Senior Notes 2026”, Section 2.1(a)(i), Article V, Section 6.8, Section 7.1 and Section 8.1(a)(iii), “U.S. Borrower” shall be defined to include only Crown Americas LLC and no other entity. Each reference to the “U.S. Borrower” in the Loan Documents shall be deemed to refer to this definition. (b)Article II of the Credit Agreement is hereby amended by adding the following as a new Section 2.16: “2.16 U.S. Borrower Representative. Each U.S. Borrower hereby appoints Crown Americas LLC as the borrowing agent for such U.S. Borrower, which appointment shall remain in full force and effect unless and until the Administrative Agent shall have received prior written notice signed by each U.S. Borrower that such appointment has been revoked or that another U.S. Borrower or Affiliate of a U.S. Borrower has been appointed in such capacity. Each U.S. Borrower hereby appoints an...
Xxxxxx Agreement Amendments. The Credit Agreement is hereby amended as follows: (i)The definition of “Bank Product” is hereby amended by (x) inserting in the introductory clause the words “(and in the cases of clauses (a) and (c) below, to any Subsidiary thereof)” immediately following the words “products, services or facilities” and inserting in clause (i) the words “(or Subsidiary thereof, if applicable)” immediately following the words “Bank Product Provider and Loan Party” and (y) deleting in clause (i) the words “Third Amendment”. (ii)The definition of “Bank Product Debt” is hereby amended by inserting (x) in the first sentence the words “(or Subsidiary thereof, if applicable)” immediately following the words “of a Loan Party” and (y) in the second sentence the words “(or Subsidiary thereof, if applicable)” immediately following the words “and the Loan Party”. (iii)The definition of “European Obligations” is hereby amended by inserting the words “(including all advances to, and debts, liabilities, obligations, covenants and duties of, any Subsidiary of the European Borrower constituting Bank Product Debt)” immediately following the words “or Bank Product Debt”. (iv)The definition of “US Obligations” is hereby amended by inserting the words “(including all advances to, and debts, liabilities, obligations, covenants and duties of, any Subsidiary of any US Loan Party constituting Bank Product Debt)” immediately following the words “or Bank Product Debt”. (v)Section 8.03(a) of the Credit Agreement is hereby amended by inserting (x) in clause Seventh thereof the words “extended to any Loan Party” immediately following the words “to payment of other Bank Product Debt” and (y) in clause Tenth thereof the words “extended to any Loan Party” immediately following the words “to payment of other Bank Product Debt”. (vi)Section 8.03(a) of the Credit Agreement is hereby amended by inserting new clauses Thirteenth and Fourteenth immediately following clause Twelfth and renumbering the existing clauses Thirteenth and Fourteenth to read Fifteenth and Sixteenth, respectively, such new clauses Thirteenth and Fourteenth to read as follows: “Thirteenth, to payment of other Bank Product Debt extended to any Subsidiary of a Loan Party constituting US Obligations other than US Obligations due and owing to Defaulting Lenders; 2 Fourteenth, to payment of other Bank Product Debt extended to any Subsidiary of a Loan Party constituting European Obligations other than European Obligations due and owing to Def...
Xxxxxx Agreement Amendments. Xhis Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended orally, but only by an agreement in writing signed by the parties hereto.
Xxxxxx Agreement Amendments. This Agreement contains the entire ---------------------------- agreement and understanding of the parties hereto relating to the subject matter hereof, and merges and supersedes all prior and contemporaneous discussions, agreements and understandings of every nature between the parties hereto relating to the engagement of the Consultant with the Company. No supplement, modification or amendment of this Agreement shall be binding upon the Company or the Consultant unless set forth in a written agreement executed by the Company and the Consultant.
Xxxxxx Agreement Amendments. Effective as of the Amendment No. 5 Effective Date, the Credit Agreement is hereby amended as follows:
Xxxxxx Agreement Amendments. (a)On the Third Amendment Effective Date (as defined below), (x) a portion of the Existing Commitment of each Lender shall be automatically converted on such date into a Non-Extended Commitment of such Lender hereunder denominated in Dollars in an aggregate amount equal to the Non-Extended Commitment of such Lender and (y) a portion of the Existing Commitment of each Lender shall be automatically converted on such date into an Extended Commitment of such Lender hereunder denominated in Dollars in an aggregate amount equal to the Extended Revolving Credit Extension Amount of such Lender.
Xxxxxx Agreement Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.
Xxxxxx Agreement Amendments. Effective upon the Second Amendment Effective Date, the Existing Credit Agreement shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the underlined text (indicated textually in the same manner as the following example: underlined text) as set forth in the Credit Agreement attached hereto as Exhibit A. On the Second Amendment Effective Date, each of the Schedules to the Existing Credit Agreement shall be amended and DMFIRM #401522467 v112 restated to read in full as set forth in the Schedules attached hereto as Exhibit B, and each of Exhibit 2.5.1 (Form of Loan Request) and Exhibit 8.3.3. (Form of Quarterly Compliance Certificate) to the Existing Credit Agreement shall be amended and restated to read as set forth on Exhibit C attached hereto. Any Schedule, Exhibit or other attachment to the Existing Credit Agreement not amended pursuant to the terms of this Amendment or otherwise included as part of said Exhibits to this Amendment shall remain in effect without any amendment or other modification thereto.
