Amendment to Section 2.4(a) Sample Clauses
The "Amendment to Section 2.4(a)" clause serves to formally modify the terms originally set out in Section 2.4(a) of an agreement. This amendment may involve changing deadlines, updating obligations, or clarifying procedures specified in that section, and typically details exactly which language is being replaced or added. By providing a clear record of changes, this clause ensures that all parties are aware of and agree to the updated terms, thereby preventing misunderstandings and maintaining the enforceability of the contract.
Amendment to Section 2.4(a). Section 24(a) of the Rights Agreement is hereby amended in its entirety to read as follows:
(i) The Board of Directors of the Company may, at its option, at any time prior to the earlier of (A) the occurrence of a Triggering Event and (B) the Expiration Date, order the redemption of all, but not fewer than all, the then outstanding Rights at a Redemption Price of $.01 per Right, which amount shall be appropriately adjusted to reflect any dividend or distribution of Common Shares, and any subdivision, split or combination of outstanding Common Shares, after the date of this Rights Agreement which results in a change in the number of outstanding Rights (the date of such redemption and such redemption price being hereinafter referred to as the “Redemption Date” and the “Redemption Price,” respectively), and the Company, at its option, may pay the Redemption Price either in cash or Common Shares or other shares of capital stock or securities of the Company deemed by its Board of Directors, in the exercise of its sole discretion, to be at least equivalent in value to the Redemption Price.
(ii) The Board of Directors of the Company may, at its option, also order the redemption of all, but not fewer than all, the then outstanding Rights at the Redemption Price following the occurrence of a Triggering Event but prior to the occurrence of a Business Combination in connection with a Business Combination in which all holders of Common Shares are treated alike and not involving (other than as a holder of Common Shares being treated like all other such holders) an Acquiring Person or an Affiliate or Associate of an Acquiring Person or any other Person in which such Acquiring Person, Affiliate or Associate has any interest, or any other person acting directly or indirectly on behalf of, or in association with, any such Acquiring Person, Affiliate or Associate.
Amendment to Section 2.4(a). Section 2.4(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.4(a). Section 24a) of the Supply Agreement is hereby amended by deleting the first sentence of said Section 24a) and substituting the following in lieu thereof: This Agreement shall commence as of the Effective Date and shall remain in force until March 29, 2026 (“Initial Term”), unless sooner terminated pursuant to Sections 17(a), 17(b) or 24(b).
Amendment to Section 2.4(a). The parenthetical in the first sentence of Section 2.4(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: (as such amount may be increased by any Credit-Linked Purchase that is converted to Term Loans pursuant to Section 2.5(d)(ii), the “Term Loan Committed Amount”)
Amendment to Section 2.4(a). Section 2.4(a) of the Purchase Agreement is hereby amended and restated in its entirety as set forth below:
Amendment to Section 2.4(a). Section 2.4A of the Loan Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 2.4(a). The proviso appearing in Section 2.4(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: provided, however, (i) the aggregate principal amount of Swingline Loans outstanding at any time shall not exceed SIX MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($6,250,000) (the “Swingline Committed Amount”), and (ii) the Aggregate Revolving Exposure shall not exceed (A) the Revolving Committed Amount or (B) the Borrowing Base.
Amendment to Section 2.4(a). Section 2.4(a) of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 2.4(a). The Amending Parties acknowledge and agree that the first sentence of Section 2.4(a) of the Agreement shall be amended as follows: At least three Business Days prior to the anticipated Closing Date, the Companies shall prepare and deliver to the Buyer a written statement (the “Preliminary Closing Statement”) that shall include and set forth (i) a good faith estimate of (A) a consolidated balance sheet of each of (x) the Enhanced Entities, (y) Trident ECP and (z) Trident ECG, in each case, as of immediately prior to the Closing (each a “Preliminary Closing Balance Sheet”), (B) (x) Payoff Indebtedness (the “Estimated Payoff Indebtedness”), (y) Cash (the “Estimated Cash”) (provided, that in no event shall Estimated Cash exceed $2,500,000) and (z) Transaction Expenses (the “Estimated Transaction Expenses”) ((i) with each of Estimated Cash, Estimated Payoff Indebtedness and Estimated Transaction Expenses determined as of immediately prior to the Closing except that Estimated Cash shall be reduced to give effect to the Companies’ funding of the Adjustment Escrow Amount, the Indemnity Escrow Amount and the Seller Representative Expense Amount pursuant to Section 2.3(g) and (ii) except for Estimated Transaction Expenses and Unpaid Taxes (included in Payoff Indebtedness), without giving effect to the transactions contemplated by this Agreement or the Ancillary Agreements)) and (C) on the basis of the foregoing, a calculation of the Estimated Purchase Price, (ii) an updated Schedule 3.28 setting forth all Indebtedness of any Enhanced Entity as of immediately prior to the Closing, including Indebtedness under the heading “Retained Indebtedness,” and (iii) a schedule (the “Allocation Schedule”) setting forth the portion(s) of the Estimated Purchase Price minus the Rollover Units Value to be received at Closing in cash (such Seller’s “Closing Payment”) and such Seller’s name, address and wire instructions.