Common use of Amendments to the Existing Loan Agreement Clause in Contracts

Amendments to the Existing Loan Agreement. Subject to the satisfaction in full of the conditions precedent set forth in Section 3 hereof, effective as of the Fifth Amendment Effective Date (as defined below): (a) Clause (b) of the definition of “Change of Control” in Section 1.2 of the Loan Agreement is hereby replaced in its entirety with, “[reserved]”. (b) Section 7.1(a) of the Existing Loan Agreement is hereby replaced in its entirety with the following: (a) Consummate any merger, consolidation or other reorganization with or into any other Person or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution) or permit any other Person to consolidate with or merge with it; provided that (i) Restricted Subsidiaries of Borrower may merge into Borrower (so long as Borrower is the surviving entity of such merger), (ii) Loan Parties (other than Borrower) may merge into each other, and (iii) Foreign Subsidiaries may merge into each other. Notwithstanding the foregoing, in no event shall the Obligations be transferable or assumed by any successor entity in connection with any such merger, consolidation, or reorganization without the prior written consent of all Lenders, and any such transaction shall not relieve the original Borrower or any other Loan Party of its obligations under the Loan Documents unless expressly agreed in writing by all Lenders.