Amendments to Section 9 Clause Samples
The "Amendments to Section 9" clause establishes the process and requirements for making changes to Section 9 of the agreement. Typically, this clause outlines who has the authority to propose or approve amendments, the form such amendments must take (such as written consent), and any notice requirements. For example, it may specify that both parties must agree in writing to any modifications of Section 9. The core function of this clause is to ensure that any changes to the specified section are deliberate, documented, and mutually agreed upon, thereby preventing unauthorized or unilateral alterations and maintaining contractual clarity.
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Amendments to Section 9. 04. Section 9.04 is hereby amended and restated in its entirety to read as follows:
Amendments to Section 9. Section 9 of the Existing Credit Agreement is hereby amended as follows:
Amendments to Section 9 is hereby amended as follows:
Amendments to Section 9. 04.
(a) Section 9.04(b)(i)(B) of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendments to Section 9. 02. Section 9.02 is hereby amended as follows:
(a) Section 9.02(f) is hereby amended and restated in its entirety to read as follows:
Amendments to Section 9. 05(g). Section 9.05(g) is hereby amended by deleting such Section in its entirety and replacing it with the following:
Amendments to Section 9. 02. Section 9.02 is hereby amended by (a) renumbering Section 9.02(i) to be 9.02(k) and (b) adding the following Section 9.02(i) and Section 9.02(j):
(i) Second Lien Term Debt and any guarantees thereof, the principal amount of which does not exceed $100,000,000 in the aggregate at any one time outstanding; provided that: (i) upon the incurrence of any such Debt after the Initial Second Lien Funding Date: (A) the Borrower shall have complied with Section 8.01(s), (B) both before and immediately after giving effect to the incurrence of any such Debt, no Default, Event of Default or Borrowing Base Deficiency exists or would exist (after giving effect to any concurrent prepayment made pursuant to Section 3.04(c)(iii) and any concurrent repayment of Debt with the proceeds of such incurrence, if any), and (C) the Borrowing Base shall be reduced in accordance with Section 2.07(e) and the Borrower shall make any prepayment required by Section 3.04(c)(iii); (ii) such Second Lien Term Debt does not have any scheduled principal amortization prior to the date which is one hundred eighty (180) days after the Maturity Date; and (iii) such Second Lien Term Debt does not mature sooner than the date which is one hundred eighty (180) days after the Maturity Date.
(j) Senior Debt and any guarantees thereof, the principal amount of which does not exceed $200,000,000 in the aggregate at any one time outstanding; provided that: (i) the Borrower shall have complied with Section 8.01(t); (ii) both before and immediately after giving effect to the incurrence of any such Debt, no Default, Event of Default or Borrowing Base Deficiency exists or would exist (after giving effect to any concurrent prepayment made pursuant to Section 3.04(c)(iii) and any concurrent repayment of Debt with the proceeds of such incurrence, if any); (iii) the Borrowing Base shall be adjusted to the extent required by Section 2.07(f) and the Borrower shall make any prepayment required by Section 3.04(c)(iii); (iv) such Senior Debt does not have any scheduled principal amortization prior to the date which is one hundred eighty days after the Maturity Date; (v) such Senior Debt does not mature sooner than the date which is one hundred eighty days after the Maturity Date; (vi) the net cash proceeds of which are applied substantially simultaneously with (and in any event not later than the third Business Day next following) the incurrence thereof to prepay outstanding Second Lien Term Debt, if any; (vii) no Sub...
Amendments to Section 9 is hereby amended by (i) deleting “and” at the end of clause (k) of such Section 9.05, (ii) re- lettering clause (l) to be clause (m) thereof and (iii) by adding the following clause (l) thereto:
Amendments to Section 9. 1. The "." at the end of existing subsection (j) of Section 9.1 of the Existing Credit Agreement is hereby deleted and a ";" and the word "or" are hereby substituted therefor and the following new subsection (k) is hereby added to Section 9.1 of the Existing Credit Agreement immediately succeeding such subsection (j):
Amendments to Section 9. 03. Section 9.03 is hereby amended as follows:
(a) Section 9.03(d) is hereby deleted in its entirety and replaced with “[Reserved].”; and
(b) Section 9.03(e) is hereby amended and restated in its entirety to read as follows: