Examples of Fourth Amendment Documents in a sentence
Such other Fourth Amendment Documents shall, among other things, amend and restate each of the Pledge Agreement, the pledge agreement entered into on December 28, 2007 by the Parent and the Collateral Agent, the Facility Guaranty, and the Guarantee entered into on December 28, 2007 by the Parent for the benefit of, among others, the Agents.
Neither the Obligors, nor the nature of any of their respective businesses or properties, is such so as to require a consent, approval or authorization of, or filing, registration or qualification with, any Governmental Authority as a condition to the execution and delivery of the Fourth Amendment Documents.
The execution, delivery and performance by each Obligor of the Fourth Amendment Documents to which it is a party will not conflict with or result in the material breach of any of the terms, conditions or provisions of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority applicable to the Company or any Subsidiary or violate any provision of any statute or other rule or regulation of any Government Authority applicable to the Company or any Subsidiary.
The failure of the Loan Parties to enter into the New Fourth Amendment Documents by June 20, 2008 shall constitute an Event of Default under the Credit Agreement (such Event of Default, the “Amendment Event of Default”) for all purposes without further action or notice required by any Person but shall not invalidate the waiver provided in Section 1 above.
Pursuant to the May 2008 Waiver, the failure of the Loan Parties to enter into the Fourth Amendment Documents by May 31, 2008 constitutes an Event of Default under the Credit Agreement.
The Financing Documents (as amended by the Fourth Amendment Documents), constitute the legal, valid and binding obligations of the Obligors, enforceable in accordance with their terms.
Each of the New Fourth Amendment Documents shall be in form and substance satisfactory to the Agents and each Lender in their reasonable discretion.
On June 5, 2008, the parties hereto executed that certain Waiver to Credit Agreement (the “June Waiver”), pursuant to which the Loan Parties agreed to enter into the New Fourth Amendment Documents (as such term is defined in the June Waiver).
The execution and performance of the Fourth Amendment Documents by Borrowers and Guarantors party thereto will not: (i) violate any provisions of any law or regulation, federal, state, local, or foreign, or any formation document of any Borrower or (ii) result in any breach or violation of, or constitute a default or require the obtaining of any consent under, any material agreement or instrument by which any Borrower or its property may be bound.
Such legal opinion shall cover such matters incident to the transactions contemplated by this Amendment and the other Fourth Amendment Documents as the Lender may reasonably require.