First Amendment definition
Examples of First Amendment in a sentence
Each of the parties hereto agrees that, after giving effect to this Amendment, the revised Commitments of each Lender (as of the First Amendment Effective Date) shall be as set forth on the amended and restated Schedule 2.01 included on Exhibit C attached hereto.
In the event of any conflict or ambiguity between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement and First Amendment, the terms and provisions of this Second Amendment shall control.
All initial capitalized terms used in this Second Amendment but not otherwise defined herein shall have the same meaning ascribed thereto in the Agreement and/or First Amendment.
Use the proceeds of the 2025 Term Loans (i) to pay fees, premiums and expenses relating to the First Amendment and the incurrence of the 2025 Term Loans and (ii) to finance working capital, capital expenditures, and other business requirements of the Borrower, and for other purposes not in contravention of any Law or of any Loan Document.
On the First Amendment Effective Date, the Borrower shall issue to the 2025 Term Loan Lenders Incremental Warrants to purchase in the aggregate 6,229,508 shares of Common Stock, at an exercise price of $1.50 per share (each as subject to any adjustments provided for under the applicable Incremental Warrant), with an expiration date of March 12, 2035, each substantially in the form of Exhibit B attached hereto.