Xxxxxx Agreement Amendments. As of the date of this Amendment:
a. The following defined terms are hereby added to Section 1.01 of the Credit Agreement and to the other Loan Documents, as applicable:
Xxxxxx Agreement Amendments. As of the Effective Date:
a. The following defined term as used in the Credit Agreement and other Loan Documents shall be amended, restated and replaced by the following:
Xxxxxx Agreement Amendments. This Agreexxxx, xxx Xxxxer Agreement, and the documents executed in connection with the Merger Agreement, contain the entire agreement between the parties with respect to the subject matter hereof and supersede 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. 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”.
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. 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. (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.
(b) The Credit Agreement is hereby amended to incorporate the changes reflected in the redline version of the Credit Agreement attached hereto as Annex I.
(c) The Credit Agreement is hereby further amended by restating Exhibit K in the forms attached hereto as Exhibit K hereto.
Xxxxxx Agreement Amendments. Effective as of the Amendment No. 5 Effective Date, the Credit Agreement is hereby amended as follows:
(a) Clause (a) of the definition of “Adjusted Net Operating Income” is hereby amended and restated in its entirety as follows:
(a) (i) rents (including non-cash rent which, to the extent such rent consists of assets, shall be measured as the fair market value of the assets as reasonably determined by the Borrower and to the extent earned) and (ii) other revenues received in the ordinary course, in each case, from such Master Lease Properties or group of properties or property, including, for avoidance of doubt, all Straight-Line Rents of Parent or any of its Subsidiaries on an “as received” basis, and not on a “straight-line” basis, notwithstanding any requirement that such calculations be prepared in accordance with GAAP (including proceeds of rent loss or business interruption insurance and any operating revenue produced by a Gaming Facility, hotel facility or other property operated by Parent or any of its Subsidiaries) minus”
(b) The definition of “Consolidated EBITDA” is hereby amended by adding the new paragraph below immediately after clause (b)(iv): “provided that to the extent any amounts referred to in this definition or deducted in calculating net income (or net loss) (including any costs or expenses included in calculating net income (or net loss)) are required to be paid by the Tenant under the Master Lease or any other Person that is a lessee or operator of any such property, such amounts will not be subtracted, and will be added back to Consolidated EBITDA for the applicable property or group of properties.”
(c) The definition of “Unencumbered Asset Value” is hereby amended and restated in its entirety as follows:
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. 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”):
