ABN Amendment and ABN Guaranty Sample Clauses

ABN Amendment and ABN Guaranty. Without the consent of Required Banks and Required Noteholders, ABN shall not amend, restate, supplement or otherwise modify the ABN Amendment, ABN Guaranty or other agreements related to issuance of the ABN Letters of Credit in any manner which (i) changes the financial accommodations to FCS or any Obligor thereunder, (ii) increases the interest rates or fees thereunder, (iii) changes the scheduled date for any principal or interest payment due thereunder, (iv) releases FCS or any Guarantor from any obligations due thereunder, or (v) otherwise amends, restates, supplements or modifies any of the payment terms or provisions or any definition (to the extent such definitions relate thereto) in the ABN Amendment, the ABN Guaranty or any of the documents, agreements or instruments delivered in connection therewith. Without the consent of Required Banks and the Required Noteholders, ABN shall not amend, restate, supplement or otherwise modify any of the covenants of the Note Restructuring Amendment and Note Purchase Agreement identified in Section 3.3 above and of the Credit Agreement identified in Section 3.2 above which are incorporated by reference into Section 3.1 of the ABN Guaranty or any definition applicable to such covenants to the extent relating thereto, or amend, restate, supplement or otherwise modify the Events of Default specified in the ABN Amendment or ABN Guaranty. Notwithstanding the provisions of this Section 3.4, ABN shall be permitted to increase the amount of the ABN Letters of Credit by a total of not more than Three Million Dollars ($3,000,000.00), which shall include increases of not more than Two Million Dollars ($2,000,000.00) in the amount of the Advance Payment Letter of Credit (as defined in the ABN Amendment) and an increase of not more than One Million Dollars ($1,000,000.00) in the amount of the Performance Security Letter of Credit (as defined in the ABN Amendment).
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Related to ABN Amendment and ABN Guaranty

  • Credit Agreement Amendments As of the Effective Date, a. Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions:

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Amendment to Credit Agreement The Credit Agreement is hereby amended as follows:

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B.

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.