Amendments to Purchase Agreement Sample Clauses

Amendments to Purchase Agreement. The Purchase Agreement is hereby amended as follows:

Amendments to Purchase Agreement. The Purchase Agreement shall, effective as of the Effective Date, be amended in the manner provided in this Section 1.

Amendments to Purchase Agreement. Section 5.6 of The Purchase Agreement is hereby as amended to read in its entirety as follows:

Amendments to Purchase Agreement. The Borrower shall not amend the Purchase Agreement without the prior written consent of the Lenders.

Amendments to Purchase Agreement. Section 1.1. Section 11.2

Amendments to Purchase Agreement. 2.1 Section 12.1 of the Purchase Agreement is hereby amended by adding the following definition:

Amendments to Purchase Agreement. 2.1 Clause (a) of Section 5.5 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows: (a) If Company receives a bona fide proposal (a “Proposal”) from one or more third parties (the “Third Party”) to enter into a definitive agreement with Company that would result or would reasonably be expected to result in an Extraordinary Transaction (as hereinafter defined), Company shall, within two business days of receipt of such Proposal, notify Investor in writing of (i) such Proposal and (ii) the identity of all other parties who have received or will receive a similar notice of such Proposal (each a “Notice Party”); provided, however, that Company shall be under no obligation to inform Investor of the financial terms of the Proposal or the identity of the Third Party. If requested by Investor, Company shall immediately give Investor full access to all of the information and other diligence materials, including all non-public information, provided or made available to the Third Party in connection with the Proposal. For a period of not less than 10 business days following the receipt by Investor of the notice of a Proposal, Investor shall have the right to submit one or more proposals (an “Investor Proposal”) to acquire Company or enter into another Extraordinary Transaction with Company. Prior to the expiration of such 10-business day period, Company shall not enter into any agreement or arrangement with any person that would impose limitations or restrictions (including by providing for Company to pay termination or break-up fees) on Company’s ability to (i) provide information (including non-public information) to Investor, (ii) consider or participate in negotiations with Investor regarding an Investor Proposal, (iii) receive, accept, approve, recommend to its securityholders or enter into any agreement or arrangement with Investor relating to an Investor Proposal, (iv) complete an Extraordinary Transaction with Investor or (v) otherwise comply with the provisions of this Section 5.5. For the avoidance of doubt, a letter of intent, term sheet or form of definitive agreement may be a Proposal for purposes of this Section 5.5. Notwithstanding anything in this Agreement to the contrary, the first sentence of this Section 5.5(a) shall not be applicable to any proposal made by a Notice Party during the 10-business day period described in the third and fourth sentences of this Section 5.5(a).”

Amendments to Purchase Agreement. Effective upon the Amendment No. 1 Effective Date, the Purchase Agreement is hereby amended as follows. (a) Section 1.1 of the Purchase Agreement is hereby amended by deleting the definition of “Subsequent Term Maximum Availability” in its entirety and replacing it with the following:

Amendments to Purchase Agreement. Conditional upon the occurrence of the Effective Time, the Purchase Agreement is amended as follows: (a) Section 5 is amended in its entirety to reads as follows: