Examples of First Amendment and Waiver in a sentence
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.
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.
This First Amendment and Waiver may be executed in any number of counterparts, each executed counterpart constituting an original, but altogether only one instrument.
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 shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
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.
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.
This First Amendment and Waiver shall be governed by and construed in accordance with Illinois law.
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.
The Guarantor is a borrower under the Credit Agreement dated as of November 9, 2011, as amended by the First Amendment and Waiver to Credit Agreement dated as of September 27, 2013, by and among IntercontinentalExchange, Inc.