Amendments to Existing Financing Agreement Sample Clauses

Amendments to Existing Financing Agreement. (a) The Eighth Amendment Term Loan Lenders hereby, severally but not jointly, agree to provide the full amount of the Eighth Amendment Term Loans in accordance with their respective Eighth Amendment Term Loan Commitments. The Borrowers hereby agree to borrow the full amount of the Eighth Amendment Term Loans. The Eighth Amendment Term Loan Commitments shall be subject to all of the terms and conditions set forth herein and in the Financing Agreement. (b) The aggregate Eighth Amendment Term Loan Commitments as of the Eighth Amendment Effective Date (as hereinafter defined) are $10,000,000.00. The Eighth Amendment Term Loan Commitments will terminate in full upon the making of the related Eighth Amendment Term Loans. (c) Subject to the satisfaction (or waiver by the Required Lenders) of the conditions set forth in Section 3 below, the funding of the Eighth Amendment Term Loans will occur in one drawing on the Eighth Amendment Funding Date and will be made by the Eighth Amendment Term Loan Lenders listed on the most recently delivered copy of Annex A hereto, ratably in accordance with their respective Eighth Amendment Term Loan Commitments pursuant to the Administrative Borrower’s request in the form of a Notice of Borrowing (which notice may be delivered upon a shorter time period than set forth in Section 2.02 of the Financing Agreement, or not at all, to the extent agreed to by the Required Lenders and the Administrative Agent). In the event that the Eighth Amendment Term Loans are not borrowed on the Eighth Amendment Funding Date, either upon mutual agreement of the Borrowers and the Required Lenders (with concurrent written notice to the Administrative Agent) or due to a failure of the conditions set forth in Section 3 below to be satisfied (or waived by the Required Lenders), then automatically (unless the Eighth Amendment Term Loan Lenders are ready, willing and able to close and the Borrowers are in breach of their obligation to close hereunder): (x) the amendments to the Financing Agreement pursuant to this Amendment shall no longer be of force and effect and shall be null and void and the Existing Financing Agreement shall remain in effect and (y) the Eighth Amendment Term Loan Commitments shall terminate. (d) The parties hereto acknowledge and agree that, in accordance with the recitals hereof (and, for the avoidance of doubt, without modifying the aggregate principal amount of Eighth Amendment Term Loan Commitments set forth on Annex A as of the E...

Amendments to Existing Financing Agreement. (a) Section 2.02(a) of the Existing Financing Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the underlined text (indicated textually in the same manner as the following example: underlined text): (i) The Borrower shall give the Administrative Agent prior written notice (in substantially the form of Exhibit C hereto (a “Notice of Borrowing”), not later than 12:00 noon (New York City time) on the date which is 3 U.S. Government Securities Business Days (or in the case of Revolving Loans, 5 U.S. Government Securities Business Days and, in the case of Delayed Draw Term Loans, 125 U.S. Government Securities Business Days) prior to the date of the proposed Loan (or such shorter period as the Administrative Agent is willing to accommodate from time to time, but in no event later than 12:00 noon (New York City time) one Business Day prior to the borrowing date of the proposed Loan). Such Notice of Borrowing shall be irrevocable and shall specify (i) the principal amount of the proposed Loan, (ii) in the case of Loans requested on the Effective Date, whether such Loan is requested to be a Revolving Loan or the Term Loan, (iii) whether the Loan is requested to be a Reference Rate Loan or a SOFR Loan and, in the case of a SOFR Loan, the initial Interest Period with respect thereto, (iv) the use of the proceeds of such proposed Loan, (v) the proposed borrowing date, which must be a Business Day, and, with respect to the Initial Term Loan, must be the Effective Date; and (vi) the Borrower’s wiring instructions. (b) Section 7.03(a) of the Existing Financing Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the underlined text (indicated textually in the same manner as the following example: underlined text):

Amendments to Existing Financing Agreement. (a) Section 1.01 of the Existing Financing Agreement is hereby amended by adding the following defined terms in the proper alphabetical order therein:

Amendments to Existing Financing Agreement. Subject to and upon the occurrence of the Second Amendment Effective Date (as defined below), (a) the Existing Financing Agreement shall be amended to delete the red stricken text (indicated textually in the same manner as the following example: stricken text), to add the blue double-underlined text (indicated textually in the same manner as the following example: double-underlined text), and to move the green stricken text (indicated textually in the same manner as the following example: stricken text) to where the green underlined text is located (indicated textually in the same manner as the following example: underlined text) as set forth in the conformed copy of the Financing Agreement attached as Exhibit A hereto, (b) Exhibit A hereto shall be inserted as a new Schedule 1.01(AA) to the Financing Agreement, (c) Exhibit C hereto shall be inserted as a new Schedule 7.01(q) to the Financing Agreement and (d) Exhibit D hereto shall be attached as a new Exhibit G to the Financing Agreement.