Common use of Amendment to Existing Agreement Clause in Contracts

Amendment to Existing Agreement. Each of the Company and each New Holder hereby agrees that the Existing Agreement is hereby amended by: (i) Replacing the second paragraph of the recitals with the following paragraph: “WHEREAS, the Company proposes to issue and sell US$16,000,000 aggregate principal amount of its Senior Secured Increasing Rate Notes due 2007 (the “2005 Notes”), US$8,802,600 aggregate principal amount of its Tranche A Senior Secured Increasing Rate Notes due 2007 (the “2006 Notes”), US$13,011,120.00 aggregate principal amount of its Tranche B Senior Secured Increasing Rate Notes due 2007 (the “December 2006 Notes”) and US$13,011,120.00 aggregate principal amount of its Tranche C Senior Secured Increasing Rate Notes due 2007 (the “April 2007 Notes”) to the several Purchasers;” (ii) Inserting the following new definition in alphabetical order in Section 1.01 of the Existing Agreement:

Appears in 2 contracts

Sources: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD), Investment and Note Purchase Agreement (Morgan Stanley)

Amendment to Existing Agreement. Each of the Company and each New Holder hereby agrees that the Existing Agreement is hereby amended by: (i) Replacing the second paragraph of the recitals with the following paragraph: “WHEREAS, the Company proposes to issue and sell US$16,000,000 aggregate principal amount of its Senior Secured Increasing Rate Notes due 2007 (the “2005 Notes”), US$8,802,600 aggregate principal amount of its Tranche A Senior Secured Increasing Rate Notes due 2007 (the “2006 Notes”), US$13,011,120.00 aggregate principal amount of its Tranche B Senior Secured Increasing Rate Notes due 2007 (the “December 2006 Notes”) and ), US$13,011,120.00 aggregate principal amount of its Tranche C Senior Secured Increasing Rate Notes due 2007 (the “April 2007 Notes”), US$13,011,120.00 aggregate principal amount of its Tranche D Senior Secured Increasing Rate Notes due 2008 (the “August 2007 Notes”) and US$13,011,120.00 aggregate principal amount of its Tranche E Senior Secured Increasing Rate Notes due 2008 to the several Purchasers;” (ii) Inserting the following new definition in alphabetical order in Section 1.01 of the Existing Agreement:

Appears in 1 contract

Sources: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)

Amendment to Existing Agreement. Each of the Company and each New Holder hereby agrees that the Existing Agreement is hereby amended by: (i) Replacing the second paragraph of the recitals with the following paragraph: “WHEREAS, the Company proposes to issue and sell US$16,000,000 aggregate principal amount of its Senior Secured Increasing Rate Notes due 2007 (the “2005 Notes”), US$8,802,600 aggregate principal amount of its Tranche A Senior Secured Increasing Rate Notes due 2007 (the “2006 Notes”), US$13,011,120.00 aggregate principal amount of its Tranche B Senior Secured Increasing Rate Notes due 2007 (the “December 2006 Notes”) and ), US$13,011,120.00 aggregate principal amount of its Tranche C Senior Secured Increasing Rate Notes due 2007 (the “April 2007 Notes”), and US$13,011,120.00 aggregate principal amount of its Tranche D Senior Secured Increasing Rate Notes due 2008 (the “August 2007 Notes”) to the several Purchasers;” (ii) Inserting the following new definition in alphabetical order in Section 1.01 of the Existing Agreement:

Appears in 1 contract

Sources: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)

Amendment to Existing Agreement. Each of the Company and each New Holder hereby agrees that the Existing Agreement is hereby amended by: (i) Replacing the second paragraph of the recitals with the following paragraph: “WHEREAS, the Company proposes to issue and sell US$16,000,000 aggregate principal amount of its Senior Secured Increasing Rate Notes due 2007 (the “2005 Notes”), US$8,802,600 aggregate principal amount of its Tranche A Senior Secured Increasing Rate Notes due 2007 (the “2006 Notes”), and US$13,011,120.00 aggregate principal amount of its Tranche B Senior Secured Increasing Rate Notes due 2007 (the “December 2006 Notes”) and US$13,011,120.00 aggregate principal amount of its Tranche C Senior Secured Increasing Rate Notes due 2007 (the “April 2007 Notes”) to the several Purchasers;” (ii) Inserting the following new definition in alphabetical order in Section 1.01 of the Existing Agreement:

Appears in 1 contract

Sources: Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)