Amendment of Notes Clause Samples

Amendment of Notes. Each of the Notes may be amended with the written consent of the holders of at least a majority in outstanding principal amount of the Notes; provided that without the written consent of the holder of this Note, no amendment shall (i) reduce the rate or change the time for payment of interest on this Note, (ii) reduce the principal of or change the maturity of this Note, (iii) amend Section 6.01, or (iv) make any change in Article VII that adversely affects the rights of the holder of this Note. After an amendment becomes effective, it shall bind the holders and every subsequent holder of Notes, even if notation of the amendment is not made on any Note. However, the Company may place an appropriate notation regarding an amendment on any Note thereafter executed.

Amendment of Notes. 1.1 Section 4(b)(i)

Amendment of Notes. (a) Section 1 of each of the Notes is hereby amended to add the following defined term in proper alphabetical order:

Amendment of Notes. The Notes shall be and the same hereby are amended by changing the maturity dates thereof to April 20, 1997.

Amendment of Notes. Except as otherwise provided in Section 9 hereof, and subject to any necessary regulatory approval, the Subordinated Notes may, with the consent of the Company and the Holders of more than 50% of the aggregate principal amount of the Subordinated Notes then outstanding, be amended or any provision, past default, or non-compliance thereof waived; provided, however, that, without the consent of each Holder of an affected Subordinated Note, no such amendment or waiver may: (i) reduce the principal amount of the Subordinated Note; (ii) reduce the rate of or change the time for payment of interest on any Note; (iii) extend the maturity of any Subordinated Note; (iv) make any change in Sections 7 through 10 hereof; (v) make any change in Section 12 hereof that adversely affects the rights of any holder of a Subordinated Note; or (vi) disproportionately affect any of the Holders of the then outstanding Subordinated Notes.

Amendment of Notes. The Thamesedge Note, the Lonrho Notes (collectively), the Via Verde Note, the Valley Gateway Note and the Facility Note each will be amended as provided, respectively, in Exhibits A, B, C, D and E to this Agreement. Hondo and Via Verde, as applicable, will execute the note amendments, Lonrho and Thamesedge, as applicable, will execute them to acknowledge consent thereto, and the note amendments will be attached to the original notes held by Lonrho or Thamesedge.

Amendment of Notes. The Buyers representing the Required Holders and the Company agree to amend Section 2(a) of the Notes to add the following sentence: “Notwithstanding the existence of an Equity Conditions Failure, at the Holder’s election, (i) the Company shall issue Interest Shares in connection with the interest payments due April 1, 2024, July 1, 2024 and October 1, 2024 (of which, the payments due April 1, 2024 and July 1, 2024 shall be paid on or about the date of this Agreement utilizing the Alternate Conversion Price); or (ii) the Company shall be permitted to increase the Principal amount of the Note to include the interest payments that were due on April 1, 2024 and July 1, 2024, and on October 1, 2024 the Company shall be permitted to increase the Principal amount of the Note to include the interest payment due on such date.”

Amendment of Notes a. Each of the Notes issued on or prior to the date hereof shall be deemed amended by deleting the stricken text (indicated in the same manner as the following example: stricken text) and adding the double-underlined text (indicated in the same manner as the following example: double-underlined text) by making the following amendments: “This Note shall bear interest at the rate of 5.0%Applicable Rate from [ ], or from the most recent date to which interest had been paid or provided for to, but excluding, the next scheduled Interest Payment Date until December 1, 2020. The Applicable Rate for any Interest Period shall be determined as of the first day of such Interest Period by the Company and notice of the Applicable Rate shall be delivered by the Company to the Trustee promptly after the first day of such Interest Period. Interest is payable monthly in arrears on each January 1, February 1, March 1, April 1, May 1, June 1, July 1, August 1, September 1, October 1, November 1 and December 1, commencing on [ ], to Holders of record at the close of business on the preceding December 15, January 15, February 15, March 15, April 15, May 15, June 15, July 15, August 15, September 15, October 15 and November 15 (whether or not such day is a Business Day), respectively. Accrued interest on the Notes shall be computed on the basis of a 360-day year composed of twelve 30-day months or, in the case of a partial month, the number of days elapsed over a 30-day month. Additional Interest will be payable as set forth in Section 4.10 and Section 6.04 of the within-mentioned Indenture, and any reference to interest on, or in respect of, any Note therein shall be deemed to include Additional Interest if, in such context, Additional Interest is, was or would be payable pursuant to Section 4.10 and Section 6.04, and any express mention of the payment of Additional Interest in any provision therein shall not be construed as excluding Additional Interest in those provisions thereof where such express mention is not made.”

Amendment of Notes. All Notes, including the Initial Note and all Additional Notes, issued to the Initial Investor pursuant to the Agreement shall be deemed to be amended by this Amendment.