Conditional Amendments definition

Conditional Amendments means the modifications to the provisions hereof as specifically set forth on Schedule 3 hereto.
View Source
Conditional Amendments means the amendments set forth in Section 4.1 of this Agreement;
View Source
Conditional Amendments means the modifications to the provisions hereof as specifically set forth on Schedule 3 hereto. Consolidated Cash Flow: means, for any period, the sum of (a) earnings before income taxes of Borrower and its Consolidated Subsidiaries for such period determined on a consolidated basis in accordance with GAAP (excluding, in the case of any non-Wholly Owned Consolidated Subsidiary, the portion of earnings attributable to holders of equity interests of such Consolidated Subsidiary, other than Borrower or a Consolidated Subsidiary), plus (b) amounts that have been deducted in the determination of such earnings before income taxes for such period for (i) Consolidated Interest Expense for such period, (ii) Depreciation for such period, (iii) Amortization for such period, and (iv) extraordinary non-cash losses for such period, minus (c) the amounts that have been included in the determination of such earnings before income taxes for such period for (i) one-time gains, (ii) extraordinary income, (iii) non-cash patronage income, and (iv) non-cash equity earnings in joint ventures. Consolidated Funded Debt: means as of any date of determination, the total of all Funded Debt of Borrower and its Consolidated Subsidiaries outstanding on such date, after eliminating all offsetting debits and credits between Borrower and its Consolidated Subsidiaries and all other items required to be eliminated in the course of preparation of consolidated financial statements of Borrower and its Consolidated Subsidiaries in accordance with GAAP. Consolidated Interest Expense: means, for any period, all interest expense of Borrower and its Consolidated Subsidiaries, as determined in accordance with GAAP. Consolidated Net Worth: means, for any period, the amount of equity accounts plus (or minus in the case of a deficit) the amount of surplus and retained earnings accounts of Borrower and its Consolidated Subsidiaries, excluding (i) accumulated other comprehensive income (or loss) and (ii) non-controlling interests, all as determined in accordance with GAAP. 5
View Source

Examples of Conditional Amendments in a sentence

  • Borrower shall, and shall cause each Subsidiary to, qualify and remain qualified as a foreign corporation in each jurisdiction in which such qualification is necessary in view of its business, operations and properties except where the failure to so qualify has not and could not reasonably be expected to result in a Material Adverse Effect; provided, this Section 9.3 is subject to the Conditional Amendments as set forth in Section 14.26 and Schedule 3 hereto.

  • This Section 9.14 is subject to the Conditional Amendments as set forth in Section 14.26 and Schedule 3 hereto.

  • This Section 11.14 is subject to the Conditional Amendments as set forth in Section 16.26 and Schedule 3 hereto.

  • For the avoidance of doubt, exhibits and schedules to the Credit Agreement not included in Exhibit A shall not be modified and remain in full force and effect; provided, that, notwithstanding the foregoing, Schedule 3 (Conditional Amendments) is hereby deleted.

  • At the discretion of the Administrative Agent, this Credit Agreement may be amended with the consent of the Administrative Agent and Borrower to evidence the effectiveness of any Conditional Amendments that have become effective pursuant to this Section 14.26.

  • At the discretion of the Administrative Agent, this Credit Agreement may be amended with the consent of the Administrative Agent and Borrower to evidence the effectiveness of any Conditional Amendments that have become effective pursuant to this Section 16.26.

  • So long as each of the Amendment Conditions has been satisfied by March 31, 2024, then all of the Conditional Amendments will automatically be effective on April 1, 2024.

  • Borrower shall, and shall cause each Subsidiary to, qualify and remain qualified as a foreign corporation in each jurisdiction in which such qualification is necessary in view of its business, operations and properties except where the failure to so qualify has not and could not reasonably be expected to result in a Material Adverse Effect; provided, this Section 11.3 is subject to the Conditional Amendments as set forth in Section 16.26 and Schedule 3 hereto.

  • For the avoidance of doubt, in the event the Offering Completion Date occurs after March 31, 2024, then none of the Conditional Amendments will be effective and this Amendment will be null and void.


More Definitions of Conditional Amendments

Conditional Amendments means the amendments set forth in Section 2.1;
View Source
Conditional Amendments means the (i) Conversion Price Decrease, (ii) Extension, (iii) Extension Fee, (iv) Interest Rate Increase, (v) Minimum Quarterly Debt Service Obligation, and (vi) Share Reserve Increase.
View Source

Related to Conditional Amendments

  • Additional Amendment shall have the meaning provided in Section 2.14(g)(iv).

  • General Amendment means an amendment made by ▇▇▇▇▇, from time to time, to these Licence Conditions, on notice to the Licensee.

  • Incremental Amendment has the meaning set forth in Section 2.14(f).

  • Material Amendment has the meaning provided in Section 9.6.

  • Fundamental Amendment means, with respect to each Lender, any amendment, modification, waiver or supplement of or to this Agreement or any Facility Document that would (a) increase or extend the term of the Individual Lender Maximum Funding Amounts or change the Final Maturity Date (other than an increase of the Individual Lender Maximum Funding Amount of a particular Lender or the addition of a new Lender agreed to by the relevant Lender), (b) extend the date fixed for the payment of principal of or interest on any Advance or any fee hereunder, (c) reduce the amount of any such payment of principal, (d) reduce the rate at which Interest is payable thereon or any fee is payable hereunder (other than in connection with the appointment of a benchmark replacement or a pricing grid), (e) release any material portion of the Collateral, except in connection with dispositions permitted hereunder, (f) alter the terms of Section 9.01 or Section 13.01(b), (g) modify the definition of the terms “Majority Lenders,” “Maximum Available Amount,” “Advance Rate,” “Borrowing Base,” “Coverage Test,” “Collateral Quality Test,” “Collateral Loan,” “Eligible Collateral Loan,” “Eligible Country,” “Class 1 Borrowing Base,” “Class 2 Borrowing Base,” “Class 3 Borrowing Base,” “Class 4 Borrowing Base,” “Class 1 Loan,” “Class 2 Loan”, “Class 3 Loan,” or “Class 4 Loan” or any component thereof defined therein (in each case, other than any administrative, non-material amendment agreed to by the Borrower and the Administrative Agent), (h) modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof or (i) extend the Reinvestment Period, in each case to the extent such amendment, modification, waiver or supplement relates to such Lender.