Amendments and Agreements Sample Clauses
Amendments and Agreements. 1) Section 7.6 of the Original Agreement, “Extension Payment”, is hereby amended and restated in its entirety as follows:
Amendments and Agreements. I) In Section 1.1 of the Original Agreement, the definition of “Field” is hereby amended and restated in its entirety as follows:
Amendments and Agreements. (a) The Borrower shall not, directly or indirectly, terminate, cancel or suspend, or permit or consent to any termination, cancellation or suspension of, or enter into or consent to or permit an assignment of the rights or obligations of any party to, any material agreement to which it is a party and pertaining to the Business without receiving the prior written consent of the Bank.
(b) The Borrower shall not, directly or indirectly, amend, modify, supplement or waive, or permit or consent to the amendment, modification, supplement or waiver of, any of the provisions of, or give any consent under, any material agreement to which it is a party and pertaining to the Business without receiving the prior written consent of the Bank.
Amendments and Agreements. The Loan Parties shall not, directly or indirectly, terminate, cancel or suspend, or permit or consent to any termination, cancellation or suspension of, or enter into or consent to or permit an assignment of the rights or obligations of any party to, any material agreement pertaining to the business of any Loan Party as currently conducted or as currently proposed to be conducted to which it is a party without receiving the prior written consent of the Lenders (which shall not be unreasonably withheld).
Amendments and Agreements. Lessee hereby acknowledges and agrees that as of the date hereof, Lessee has taken possession of the Sixth Expansion Premises pursuant to the terms of the Lease and that the Sixth Expansion Premises constitutes a part of the Building 14 Premises. Lessor acknowledges Lessee's payment of the January 1997 Basic Rental and Additional Rental.
Amendments and Agreements. 1.1. Section 9.6 of the Note Purchase Agreement shall be and is hereby amended in its entirety to read as follows:
Amendments and Agreements. 1) In Section 2.4 of the Original Agreement, “Financing” (as modified by the First Amendment to said Agreement) is hereby amended and restated in its entirety as follows:
Amendments and Agreements. 1. Effective as of the Initial Seventh Amendment Effective Date (as defined below), (A) Holdings, the Borrower and the Banks hereby agree to (i) amend Sections 4.02(b), (c) and (e) of the Credit Agreement by, in each case, deleting the date "January 7, 2003" appearing in the table set forth in said Sections and inserting the date "January 10, 2003" in lieu thereof and (ii) extend the Waiver Period referred to in paragraph 3 of the Sixth Amendment by deleting the date "January 7, 2003" appearing in said paragraph and inserting the date "January 10, 2003" in lieu thereof and (B) (i) the Total Tranche 3 Revolving Loan Commitment of $15,000,000 (and the Tranche 3 Revolving Loan Commitment of each Bank) shall be terminated in its entirety, and (ii) each Tranche 3 Guaranty shall terminate in its entirety.
2. Effective as of the Final Seventh Amendment Effective Date (as defined below), (i) the Total Revolving Loan Commitment shall be permanently reduced from $54,500,000 to $43,500,000, with the Revolving Loan Commitment (if any) of each Bank to be reduced pro rata based on the amount such Bank's Revolving Loan Commitment bears to the Total Revolving Loan Commitment, (ii) in substitution for the reductions set forth in clause (B)(i) of paragraph 1 of this Amendment and clause (i) of this paragraph 2, the Initial C Term Loan Banks party to this Amendment shall provide Initial C Term Loan Commitments (as defined after giving effect to this Amendment) in an aggregate amount of $35,000,000 (as set forth in Schedule I to the Credit Agreement (as in effect after giving effect to this Amendment)) and (iii) the proceeds received from Initial C Term Loans (as defined after giving effect to this Amendment) made in connection with the Initial C Term Loan Commitments shall be used, in part, to repay any Tranche 3 Revolving Loans then outstanding, and all other outstanding obligations under the Tranche 3 Revolving Loan Facility (including accrued interest and fees related thereto).
Amendments and Agreements. YA Global and the Company agree as follows:
Amendments and Agreements. Section 1.1 Notwithstanding anything to the contrary contained in the Credit Agreement or any other Loan Document, including, without limitation, the provisions of Sections 4.1(d) and 8.6 of the Borrower Security Agreement and Section 6.05 of the Credit Agreement, Lender hereby consents to the sale of the Subject Assets by Borrower to Roll Coater, Inc. on substantially the terms set forth in the LOI, such sale to be closed within 120 days of the date hereof. Lender agrees that it will provide a release of its security interest in the Subject Property which release may be filed upon the closing of the sale of the Subject Property. Borrower agrees that in no case shall the Subject Property include Accounts, Inventory or real property (or any proceeds thereof) subject to any of the Collateral Documents. Borrower agrees that immediately upon its receipt of the net proceeds of the sale of the Subject Property, it will deposit same into Borrower’s demand deposit account with Lender.
Section 1.2 Notwithstanding the provisions of subsection (e) of the definition of “Eligible Accounts,” from and after the date hereof, to the extent that the aggregate amount of Accounts owing to the Loan Parties from the Account Debtors (and their Affiliates) identified below exceed their respective Maximum Percentages of the aggregate Eligible Accounts, the excess portion of such Accounts shall be deemed ineligible. The maximum percentage of Accounts due from the subject Account Debtors relative to the aggregate Eligible Accounts may be further modified by Lender from time to time in Lender’s Permitted Discretion. Ford Motor Company (“Ford”) 25 % Chrysler, LLC (“Chrysler”) 15 % General Motors Corporation (“GM”) 15 %
Section 1.3 Subsection (c) of the definition of “Eligible Accounts” is hereby amended to hereafter provide as follows: