AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT Sample Clauses
This clause establishes the terms and procedures for making changes to the existing note purchase agreement between the parties. It typically outlines how amendments must be proposed, agreed upon, and documented—often requiring written consent from all involved parties. By setting clear rules for modifying the agreement, this clause ensures that any changes are mutually agreed upon and formally recorded, thereby preventing misunderstandings and maintaining the integrity of the contractual relationship.
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. Subject to Section 7 of this Amendment Agreement, the Required Holders and the Company hereby agree to each of the amendments to the Existing Note Purchase Agreement as provided for by this Amendment Agreement and specified in this Section 3. Such amendments are referred to herein, collectively, as the “Amendments”.
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. The Existing Note Purchase Agreement is hereby and shall be amended in the manner specified in Exhibit A to this Amendment Agreement.
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. The Company and, subject to the satisfaction of the conditions set forth in Section 5, each of the Noteholders hereby consent and agree to the amendments to the Existing Note Purchase Agreement set forth in Exhibit A to this Agreement. Each such amendment is incorporated herein by reference as if set forth verbatim in this Agreement.
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. Section 2.01 Section 1.02 is hereby amended by adding the following new defined terms where alphabetically appropriate to read in their entirety as follows:
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. Subject to Section 5 of this Amendment Agreement, the Required Holders and the Company hereby agree to each of the amendments to the Existing Note Purchase Agreement as provided for by this Amendment Agreement and specified in this Section 3. Such amendments are referred to herein, collectively, as the “Amendments”.
3.1. Section 5.3 of the Existing Note Purchase Agreement is hereby amended by (a) deleting the reference to “December 1, 2008” and inserting “March 31, 2010” in lieu thereof, (b) deleting the reference to “December 31, 2007” and inserting “December 31, 2009” in lieu thereof and (c) amending and restating in its entirety the second sentence thereof to read as follows: “The Memorandum fairly describes, in all material respects, the general nature of the business and principal properties of the Company and its Subsidiaries as of October 2008.”
3.2. Section 5.15 of the Existing Note Purchase Agreement is hereby amended by deleting the reference to “December 1, 2008” in clause (a) and inserting “June 14, 2010” in lieu thereof.
Section 7.1 of the Existing Note Purchase Agreement is hereby amended by (a) re-lettering existing clause (h) thereof as clause (i) and (b) adding the following as a new clause (h):
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. From and after the First Amendment Effective Date, the Existing Note Purchase Agreement shall be amended as follows:
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. (a) The Second Tranche and the Second Tranche Note Purchase Commitments (each as defined in the Existing Note Purchase Agreement) are cancelled and terminated and replaced with a new Second Tranche and new Second Tranche Note Purchase Commitments on the terms and conditions set forth in the Amended Note Purchase Agreement (as defined below).
(b) The Existing Note Purchase Agreement is hereby amended by this Agreement and for ease of reference restated (after giving effect to this Agreement) in the form of Schedule 1 hereto (the Existing Note Purchase Agreement, as so amended by this Agreement, being referred to as the “Amended Note Purchase Agreement”).
(c) Schedule 2.01 to the Existing Note Purchase Agreement is hereby amended and restated in its entirety to read as provided on Schedule 2 hereto.
(d) Exhibit F to the Existing Note Purchase Agreement is hereby deleted in its entirety. Except as expressly set forth above, all Schedules and Exhibits to the Existing Note Purchase Agreement will continue in their present forms as Schedules and Exhibits to the Amended Note Purchase Agreement.
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. The Existing Note Purchase Agreement is hereby amended as follows:
(a) Interest Expense Coverage Ratio (Section 7.4 of the Note Purchase Agreement) The requirement in Section 7.4 of the Existing Note Purchase Agreement that the Company maintain a minimum Interest Expense Coverage Ratio is hereby suspended during the period April 1, 1999 through March 31, 2000.
(b) Minimum Consolidated Net Worth (Section 7.5 of the Note Purchase Agreement)
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT. Effective on the Effective Date (provided that the Closing shall occur), the Existing Note Purchase Agreement shall be amended as follows:
(a) Section 2.1 of the Existing Note Purchase Agreement shall be deleted in its entirety and there shall be inserted in lieu thereof the following new Section 2.1:
AMENDMENTS TO THE EXISTING NOTE PURCHASE AGREEMENT