Amendments to Original Credit Agreement. On the Effective Date, the Original Credit Agreement shall be amended as follows:
(a) Section 1.02 of the Original Credit Agreement shall be amended by adding the following definitions in appropriate alphabetical order:
Amendments to Original Credit Agreement. Subject to the terms and conditions of this Agreement, including, without limitation, the conditions to effectiveness set forth in Section 9 below, the Original Credit Agreement is hereby amended as follows:
(a) The following definitions are hereby added to Section 1.1 of the Original Credit Agreement in their respective alphabetic order:
Amendments to Original Credit Agreement. Section 2.1 The Original Credit Agreement is hereby amended by deleting Section 4.4(b) and substituting therefor the following:
Amendments to Original Credit Agreement. Section 2.1 Section 5.17 of the Original Credit Agreement is hereby amended by deleting the figure "$1,300,000" and substituting "2,500,000" in place thereof.
Section 2.2 The Defined Terms Addendum to the Original Credit Agreement is hereby amended by deleting the definition of "Agreement" and substituting therefor the following:
Amendments to Original Credit Agreement. Subject to the terms and conditions set forth herein, the Original Credit Agreement (including the exhibits and schedules attached thereto) is hereby amended such that, after giving effect to all such amendments, the Credit Agreement shall read in its entirety as attached hereto as Exhibit A.
Amendments to Original Credit Agreement. Subject to the terms and conditions of this Agreement, including, without limitation, the conditions to effectiveness set forth in Section 6 hereof, the Original Credit Agreement is hereby amended as follows:
(a) The definition of “Material Contracts” appearing in Article 1 of the Original Credit Agreement is hereby amended by (i) deleting the “and” immediately preceding clause (d), and (ii) adding the following new clauses (e), (f) and (g) in the appropriate alphabetical order therein: “, (e) the Project Destiny Acquisition Agreement, (f) the Project Destiny Transition Services Agreement and (g) the Project Destiny Lease.”
(b) The definition of “Permitted Acquisition” appearing in Article 1 of the Original Credit Agreement is hereby amended by deleting clause (i) thereof in its entirety and replacing it with the following: “Agent and Required Lenders have consented in writing to the consummation of such Acquisition (which consent may be given in Agent’s and each such Lender’s sole and absolute discretion)”
(c) The definition of “Permitted Debt” appearing in Article 1 of the Original Credit Agreement is hereby amended by (i) deleting the “and” immediately preceding clause (o), (ii) revising existing clause (o) to new clause (p) and (iii) adding the following new clause (o) in the appropriate alphabetical order therein: “, (o) the Project Destiny Deferred Consideration in an aggregate amount not to exceed $6,363,335; provided that no payment shall be made by or on behalf of Borrower or its Subsidiaries in respect of the Project Destiny Deferred Consideration if an Event of Default has occurred and is continuing or would result from the making of any such payment unless Agent and Required Lenders have provided their prior written consent to the making of such payment; and”
(d) Article 1 of the Original Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order therein:
Amendments to Original Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 4 hereto, the Original Credit Agreement is hereby amended as of the Amendment No. 1 Effective Date (as defined below) as follows:
(i) The defined term “
Amendments to Original Credit Agreement. On the Fourth Amendment Effective Date, the Original Credit Agreement shall be deemed to be amended as follows:
(a) The following definition in Section 1.02 of the Original Credit Agreement shall be amended and restated to read in its entirety as follows:
Amendments to Original Credit Agreement. Subject to the terms and conditions of this Agreement, including, without limitation, the conditions to effectiveness set forth in Section 5 below, the Original Credit Agreement is hereby amended as follows:
(a) Section 6.1 of the Original Credit Agreement is hereby amended by amending and restating the definition of “Defined Period” in its entirety, to read as follows:
Amendments to Original Credit Agreement. Subject to the satisfaction of the conditions to effectiveness set forth in Section 4 below, the Original Credit Agreement is hereby amended as follows:
(a) Clause (b) of the definition of “Permitted Modifications” in Section 1.1 of the Original Credit Agreement is hereby amended by adding the words “(or, in the case of any such amendment, consent, waiver or other modification to an Organizational Document in connection with a Qualified IPO, materially adversely)” immediately following the word “adversely” contained therein.
(b) The definition of “Qualified IPO” in Section 1.1 of the Original Credit Agreement is hereby amended and restated in its entirety as follows:
