Covenant Amendment definition

Covenant Amendment means either (i) the defeasance, extinguishment or amendment of certain covenants of the Existing Indenture that would cause the Senior Exchangeable Redeemable Preferred Shares to be deemed Disqualified Stock (under the Existing Indenture) if the provisions of paragraph (f)(G)(x) and (y) were a part of this Certificate of Designations, and include, but are not limited to, the definition of Disqualified Stock (under the Existing Indenture) or (ii) defeasance or extinguishment of the Existing Indenture in its entirety.
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Covenant Amendment means an amendment to the Existing Indenture to amend the covenants set forth therein and otherwise modify the terms thereof as specified in Article I of Appendix A to the Offer to Purchase.
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Covenant Amendment means either (i) the defeasance, extinguishment or amendment of certain covenants of the Senior Indenture that would cause the Preferred Shares to be deemed "Disqualified Stock" under the Senior Indenture (and as defined in the Senior Indenture) if the provisions of paragraph (f)(G)(x) and (y) of the Certificate of Designations were a part of the Certificate of Designations, and include, but are not limited to, the definition of Disqualified Stock in the Senior Indenture or (ii) defeasance or extinguishment of the Senior Indenture of its entirety.
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Examples of Covenant Amendment in a sentence

  • During the Covenant Amendment Period the Credit Parties will not permit Liquidity of the Credit Parties as of any date set forth below to be less than the amount set forth in the table below opposite such date as demonstrated by the applicable Liquidity Certificate.

  • Neither the Administrative Agent nor any Purchaser shall require any fee to provide a waiver of any breach of a Financial Covenant or to document a Financial Covenant Amendment if such fee is in addition to the fees otherwise payable to such party as a lender under the Ashland Credit Agreement (it being understood that the foregoing shall not apply to the reimbursement of the Administrative Agent for reasonable legal expenses to the extent otherwise payable under Section 15.04 hereof).

  • The limitations on Liens set forth in the preceding paragraph shall not be effective until the Covenant Amendment Date.

  • On the Covenant Amendment Date, the limitations on the incurrence of Secured Indebtedness set forth in the following paragraph shall cease to be effective.

  • The Covenant Amendment shall become effective on the date on which the Administrative Agent (or its counsel) shall have received executed counterparts to an amendment, consent or other agreement implementing the Covenant Amendment signed on behalf of Xxxxx 0, the Borrower, the Administrative Agent and such additional Lenders that, when taken together with the Tranche B II Term Lenders consenting to the Covenant Amendment pursuant to this Agreement, constitute the Required Lenders as of such date.

  • Covenants: Same as the Existing Credit Agreement, except that Section 7.11 of the Existing Credit Agreement shall, to the extent applicable, be amended consistent with the Financial Covenant Amendment.

  • Prior to the Covenant Amendment Date, the limitations on the incurrence of Secured Indebtedness set forth in the following paragraph shall be effective.

  • Each Tranche B II Term Lender hereby agrees that any assignee of any Tranche B II Term Loan on or after the Second Restatement Effective Date shall take such Tranche B II Term Loan subject to, and shall be bound by, the consent to the Covenant Amendment provided by the Tranche B II Term Lenders pursuant to this Agreement.

  • Each Covenant Amendment shall become effective on the date on which the Administrative Agent (or its counsel) shall have received executed counterparts to an amendment, consent or other agreement implementing such Covenant Amendment signed on behalf of Xxxxx 0, the Borrower, the Administrative Agent and additional Lenders that, when taken together with the Tranche B 2022 Term Lenders consenting to such Covenant Amendment pursuant to this Amendment Agreement, constitute the Required Lenders as of such date.

  • Continuation of Indemnification and Advancement of Expenses The indemnification and advancement of expenses provided by, or granted pursuant to, this Article shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.


More Definitions of Covenant Amendment

Covenant Amendment means an amendment to this Agreement satisfactory to the Administrative Agent, the Required Lenders and the Borrower to be entered into in accordance with Section 5.24 hereof amending the covenants set forth in Sections 6.8 through 6.13 hereof."
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Covenant Amendment has the meaning specified in Section 5.04.
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Covenant Amendment means the amendment to Section 4.07 of the Indenture contemplated by Section 3 of the Supplemental Indenture, which amendment would be effective as specified in Section 10 of the Supplemental Indenture.
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Related to Covenant Amendment

  • Restrictive Covenant Agreement means any agreement, and any attachments or schedules thereto, entered into by and between the Participant and the Partnership or its Affiliates, pursuant to which the Participant has agreed, among other things, to certain restrictions relating to non-competition (if applicable), non-solicitation and/or confidentiality, in order to protect the business of the Partnership and its Affiliates.

  • Waiver Agreement means an agreement between

  • Restatement Agreement means the Restatement Agreement to the Existing Credit Agreement, dated as of July 17, 2015, by and among the Borrower, the other Loan Parties, the Administrative Agent, the Lenders party thereto and the other parties thereto.

  • Consent Agreement means this Consent Agreement, duly signed and concluded between the Commission and the Respondent, as contemplated in section 40(1) of the Act.

  • Restrictive Covenant Agreements has the meaning set forth in the Recitals.

  • Extension Agreement shall have the meaning provided in Section 2.15(c).

  • Assignment/Amendment We reserve the right to change this Service Agreement (including the price or to charge an additional fee) and to delegate any of Our obligations at Our sole discretion provided We give You thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after We send You the notice. If You do not like the changes, You may cancel this Service Agreement. You may not change this Service Agreement or delegate any of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable, the remainder of the terms and conditions in this Service Agreement shall remain valid. Transfer: This Service Agreement is not transferable by You. Responsibility for benefits owed to You: This is not an insurance policy; it is a Service Agreement. HomeServe will serve as Your point-of-contact for all questions or concerns. Our obligations under this Service Agreement are insured under a service contract reimbursement insurance policy. If We fail to pay or to deliver service on a claim within sixty (60) days after proof of loss has been filed, or in the event You cancel this Service Agreement and We fail to issue any applicable refund within sixty (60) days after cancellation, You are entitled to make a claim against the insurer, Virginia Surety Company, Inc., 000 Xxxx Xxxxxxx Xxxx., 11th Floor, Chicago, IL 60604, 0-000-000-0000. Our Liability: To the extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our parents, successors, affiliates, approved technicians and our and their officers, directors, employees, affiliates, agents and contractors shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest applicable per covered repair benefit limit set out above; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement, and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU, NAW AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:

  • Reaffirmation Agreement means the Reaffirmation Agreement dated as of the Closing Date by the Borrower and the Guarantors to the Administrative Agent for the benefit of the Secured Parties.

  • ESG Amendment has the meaning specified in Section 2.18.

  • Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.

  • First Amendment means the First Amendment to Amended and Restated Credit Agreement, dated the First Amendment Effective Date, by and among the Loan Parties party thereto, the Required Lenders, the Revolving Credit Lenders and the Administrative Agent.

  • Eighth Amendment means that certain Eighth Amendment to Second Amended and Restated Credit Agreement and First Amendment to Second Amended and Restated Guaranty and Collateral Agreement, dated as of the Eighth Amendment Effective Date, among the Borrower, the Guarantors, the Administrative Agent and the Lenders party thereto.

  • Addendum / Amendment means any written amendment / addendum /corrigendum to this RFP, from time to time issued by NMRC to the prospective bidders

  • Fifth Amendment means that certain Fifth Amendment to Credit Agreement, dated as of December 14, 2017, among Holdings, the Borrower, the Administrative Agent and the Lenders, Letter of Credit Issuers and other Credit Parties party thereto.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Ninth Amendment means the Ninth Amendment to Amended and Restated Senior Secured Credit Agreement, dated as of February 11, 2022, by and among Administrative Agent, Collateral Agent, Lenders, the Borrower, Parent and Guarantors.

  • Major Amendment means any change which is not a minor amendment.

  • Standstill Agreement shall have the meaning set forth in Section 6.03.

  • Seventh Amendment means that certain Seventh Amendment to Revolving Credit and Security Agreement, dated as of the Seventh Amendment Date, by and among Borrowers, Lenders and Agent.

  • Consent and Agreement means the Manufacturer Consent and Agreement [____], dated as of even date with the Participation Agreement, of Airframe Manufacturer.

  • Sixth Amendment means the Sixth Amendment to Credit Agreement dated as of March 7, 2011 among the Borrower, the Lenders party thereto and the Administrative Agent.

  • Noncompetition Agreement has the meaning given in Section 3.2.

  • Restriction Agreement means the agreement setting forth the terms of an Award, and executed by a Grantee as provided in Section 7.1 hereof.

  • Second Amendment means that certain Second Amendment to Amended and Restated Credit Agreement dated as of the Second Amendment Effective Date, among the Borrower, the Guarantors party thereto, the Administrative Agent and the Lenders party thereto.

  • Eleventh Amendment means that certain Eleventh Amendment to Credit Agreement, dated as of April 29, 2022, among Holdings, the Borrower, the other Credit Parties party thereto, the Administrative Agent, the Collateral Agent, the Lenders party thereto, the Revolving Letter of Credit Issuers and the various other parties party thereto.