Examples of First Amendment and Waiver in a sentence
Any capitalized terms not otherwise herein defined shall have the meanings ascribed to them in the Note Purchase Agreement or in the First Amendment and Waiver.
Upon the closing of the sale of the Preferred Stock and the Convertible Notes, Hancxxx xxxees that those certain Warrants for an aggregate of 382,000 shares of Common Stock of the Company issued pursuant to that certain First Amendment and Waiver to Note Purchase Agreement dated as of May 28, 1999 shall be cancelled in all respects.
This First Amendment and Waiver shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
This First Amendment and Waiver shall be governed by and construed in accordance with Illinois law.
The Company reaffirms its agreement to comply with each of the covenants, agreements and other provisions of the Note Agreement and the Notes, including the additions and amendments of such provisions effected by this First Amendment and Waiver.
This First Amendment and Waiver may be executed in any number of counterparts, each executed counterpart constituting an original, but altogether only one instrument.
Upon the final effectiveness of this First Amendment and Waiver, each reference in the Note Agreement and in other documents describing or referencing the Note Agreement to the "Agreement," "Note Agreement," "hereunder," "hereof," "herein," or words of like import referring to the Note Agreement, shall mean and be a reference to the Note Agreement, as amended hereby.
The execution, delivery and performance by the Company of this First Amendment and Waiver have been duly authorized by all necessary corporate and other action and do not and will not require any registration with, consent or approval of; notice to or action by, any Person (including any Governmental Authority) in order to be effective and enforceab1e.
Each of the Note Agreement and this First Amendment and Waiver constitutes the legal, valid and binding obligations of the Company, enforceable against it in accordance with its respective terms, without defense, counterclaim or offset.
Borrower and Bank are parties to that certain Credit Agreement dated as of December 1, 2000, as amended by that certain First Amendment and Waiver dated as of August 10, 2001 and that certain Second Amendment and Waiver dated as of November 14, 2001 (as so amended, the "Agreement"), pursuant to which Bank agreed to extend certain credit facilities to Borrower in the amounts provided for therein.