Amendments to Existing Credit Agreement. Subject to the terms and conditions set forth herein and in reliance upon the representations and warranties set forth herein:
Continuing Effect of Credit Agreement. Except as previously modified in writing and as further expressly amended and modified herein, the Credit Agreement, and the terms and provisions thereof, and each Loan Document described therein, shall remain unchanged and in full force and effect, and, except to the extent contradictory to or inconsistent with this Amendment, shall govern the Additional Loan Documents.
Amendments to the Credit Agreement. The Credit Agreement is, effective as of the Effective Date (as defined below), hereby amended as follows:
Amendment to the Credit Agreement. Effective as of the date of satisfaction of the conditions precedent set forth in Section 2 below, the parties hereto agree that the Credit Agreement is hereby amended as follows:
Amendments to the Credit Agreement. Effective as of the Effective Date, the Credit Agreement shall be amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Credit Agreement attached hereto as [Annex I] and any such term or provision of [Annex I] which is different from that set forth in the Credit Agreement shall be replaced and superseded in all respects by the terms and provisions of the Credit Agreement set forth on [Annex I].
Termination of the Credit Agreement. Delshah and Judo hereby terminate immediately, for mutual convenience, the Credit Agreement and any amendments thereto. Effective immediately upon execution of this Termination Agreement, neither party shall have (except as otherwise expressly set forth in Sections 4 and 5 below) any obligation, responsibility, or liability to the other party for any reason whatsoever in connection with the Credit Agreement.
Reference is made to the Second Amended and Restated Credit Agreement dated as of October 10, 2018 (as amended by the Amendment Agreement dated as of March 1, 2023 and as further amended, amended and restated, supplemented or otherwise modified from time to time, the “Amended and Restated Credit Agreement”), among (the “Borrower”), (“Holdings”), the Lenders party thereto from time to time and , as Administrative Agent. Capitalized terms used but not otherwise defined herein shall have the meanings specified in the Amended and Restated Credit Agreement. This notice constitutes a Borrowing Request and the Borrower hereby gives you notice, pursuant to Section [2.03] [2.04] of the Amended and Restated Credit Agreement, that it requests a Borrowing under the Amended and Restated Credit Agreement, and in connection therewith specifies the following information with respect to such Borrowing:
The Lead Borrower, Holdings and the other Borrowers party thereto have entered into that certain Amended and Restated Credit Agreement dated as of December 30, 2019, as amended by that certain First Amendment to Fourth Amended and Restated Credit Agreement dated as of April 29, 2020, and as further amended by that certain Second Amendment to Fourth Amended and Restated Credit Agreement dated as of May 15, 2020 (such agreement, as so amended and as the same may have been otherwise amended, supplemented or modified from time to time prior to the date hereof, the “Existing Credit Agreement”) with Wells Fargo, as Administrative Agent and Collateral Agent thereunder, and each lender from time to time party thereto.
“Agreement”: Amended and Restated Credit Agreement, as amended, supplemented or otherwise modified from time to time.
On the terms and subject to the conditions of this Agreement and in reliance upon the representations, warranties and agreements contained herein, each Noteholder hereby agrees that, in consideration for the Company agreeing to amend such Noteholder’s Original Note, such Noteholder shall, on the date hereof, convert the full Principal Amount, plus all accrued but unpaid interest, under such Noteholder’s Amended Note into common stock of the Company by # delivering to the Company a duly executed conversion notice for such Noteholder’s Amended Note, in the form attached hereto as SCHEDULE 1; and # delivering to the Company the Original Note for cancellation.
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