Examples of First Amendment to Note Purchase Agreement in a sentence
First Amendment to Note Purchase Agreement The foregoing is agreed to as of the date thereof.
The Company shall have delivered to the Noteholders a fully executed copy of that certain First Amendment to Note Purchase Agreement, dated as of November 6, 2008, by and among the Company and each of the Persons signatory thereto with respect to that certain Note Purchase Agreement, dated as of October 23, 2008, together with each of the other instruments and agreements executed and/or delivered in connection therewith, each certified as true and correct by a Responsible Officer.
The Company shall have delivered to the Noteholders a fully executed copy of that certain First Amendment to Note Purchase Agreement, dated as of October 23, 2008, by and among the Company and each of the Persons signatory thereto with respect to that certain Note Purchase Agreement, dated as of May 31, 2007, together with each of the other instruments and agreements executed and/or delivered in connection therewith, each certified as true and correct by a Responsible Officer.
The Residual Value Insurer (as defined in the Note Purchase Agreement) shall have delivered its written consent to the execution and delivery of this Amendment and, if required, the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement.
Xxxx Title: Vice President First Amendment to Note Purchase Agreement DRD CONTACT, LLC, as Noteholder By: /s/ Xxxxxxx X.
After giving effect to this Amendment, the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement, no Lease Default, Lease Event of Default, Credit Agreement Default or Credit Agreement Event of Default exists.
Xxxxx Title: Senior Managing Director First Amendment to Note Purchase Agreement The undersigned Guarantors hereby (a) acknowledge, consent and agree to the terms of the foregoing Amendment and (b) agree and confirm that their obligations as set forth in the Guaranty and Security Agreement and all other Note Documents to which they are a party will continue in full force and effect and extend to all Obligations (as defined in the Note Purchase Agreement, as amended and modified by this Amendment).
Except as expressly provided hereby and by the First Amendment to Note Purchase Agreement and the First Amendment to Intercreditor Agreement, all of the representations, warranties, terms, covenants and conditions of the Lease Agreement and each other Operative Document shall remain unamended and unwaived and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms.
Except as expressly set forth herein, in the First Amendment to Note Purchase Agreement and in the First Amendment to Intercreditor Agreement, the Lessee further agrees that the Lessor, the Agent and the Head Lessor reserve all rights, remedies and options under the Operative Documents to require the Lessee to perform all of its obligations under the Operative Documents which are then due and owing or are susceptible of performance, as the case may be.
On and after the Effective Date, the New Promissory Note, the First Amendment to Note Purchase Agreement, the Amended Liquidity Agreement, and the Amended Asset Purchase Agreement shall each constitute an Operative Document.