1(a) Clause Samples
1(a). Section 7.1.1(a) of the Credit Agreement is hereby amended by replacing each instance of the word “consolidated” with the word “consolidating.”
1(a). An employee, when advanced from one title to another, shall move up one step in the current range and be placed on the step of the new range that is equal thereto in salary, or if no step is equal in salary, on the next higher step.
1(a). Section 2.1(a) of the Credit Agreement is hereby amended and restated to read as follows:
1(a). Agreed – August 23/22
1(a) of the Loan Agreement, “Maximum Revolving Credit”, is hereby amended by replacing the reference therein to “$25,000,000.00” with “$18,000,000.00”. Borrowers’ obligations in respect of sums due under Revolving Loans and Letters of Credit shall continue to be evidenced by that certain Amended and Restated Revolving Note from Borrowers to Lender dated April 30, 2002 in the face amount of Twenty-Five Million Dollars ($25,000,000.00). However, the Maximum Revolving Credit shall be Eighteen Million Dollars ($18,000,000.00), notwithstanding the face amount of such Amended and Restated Revolving Note.
1(a). The Parties agree that the inventory already recorded in the 2014 Italian GAAP Financial Statements - prepared pursuant to Section 5.3 - which is still physically exiting at Closing Date will have the same value indicated in the 2014 Italian GAAP Financial Statements and the new inventory will be valued by applying the same Italian GAAP principles used for the preparation of the 2014 Italian GAAP Financial Statements.
1(a). (a) is amended by deleting the word "or" appearing immediately before subclause (e) thereof and inserting the following phrase immediately after such subclause (e): "or (f) increase the Global Borrowing Base pursuant to Section 2.1.3 without consent of the Global Lenders, provided, the Required Global Lenders may maintain or decrease the Global Borrowing Base pursuant to Section 2.1.3."
1(a). Section 2.1(a) of the SAPA is hereby amended and restated in its entirety as follows:
1(a). Section 2.1(a) of the Business Financing Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
1(a). Section 6.1(a) of the Agreement is hereby amended by adding the following to the end of such section: Without limitation of the foregoing, each of the Company, Parent and Purchaser shall use its reasonable best efforts to (i) make or cause to be made the applications or filings required to be made, if any, by Parent, Purchaser, or the Company or any of the Acquired Companies under or with respect to the ▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Antitrust Improvements Act of 1976 (the “HSR Act”) or any other applicable Legal Requirement for any domestic or foreign jurisdiction in connection with the authorization, execution and delivery of this Agreement and the consummation of the Transactions, and pay any fees due in connection with such applications or filings, as promptly as is reasonably practicable, and (ii) reasonably comply at the earliest practicable date with any request under or with respect to the HSR Act and any such other applicable Legal Requirement for additional information, documents or other materials received by Parent or the Company from the FTC or the DOJ or any other Governmental Body in connection with such applications or filings or the Transactions. Each of the Company and Parent shall, and shall cause their respective Affiliates and Representatives to, furnish to the other all information necessary for any such application or other filing to be made in connection with the Transactions. If necessary to obtain from any Governmental Body any consents, licenses, permits, waivers, clearances, approvals, authorizations or orders required to be obtained or made by Parent or the Company or any of the Acquired Companies, under the HSR Act or otherwise, each of Parent and the Company shall cooperate with each other, and use its reasonable best efforts to resolve such objections as may be asserted by any Governmental Body. Notwithstanding anything to the contrary in this Agreement, in connection with any filing or submission required or action to be taken by either Parent and Purchaser, on the one hand, or the Company or any Acquired Company, on the other hand, to consummate the Transactions, in no event shall Parent, Purchaser, the Company or the Acquired Companies, or any of their respective Subsidiaries or Affiliates, be obligated to (1) propose or agree to make any sale, lease, license, transfer, conveyance, separate holding, disposal, divestiture, disposition or other encumbrance or any agreement to do any of the foregoing with respect to such asset or busines...