Amendment No. 01 to Warrant dated June 2, 2017, in substantially similar form to Exhibit H-1 hereto.
“Amendment No. 1” shall mean Amendment No. 1 to Amended and Restated Loan and Security Agreement, dated January 9, 2015, by and among Borrowers, Guarantors, Administrative Agent and Lenders, as amended, modified, supplemented, extended, renewed, restated or replaced.
“Amendment No. 6 Effective Date” shall mean November 17, 2022.
""Amendment No. 5" means Amendment No. 5 to Financing Agreement, dated as of April 8, 2019 by and among the Loan Parties, the Agents and the ."
""Amendment No. 5 Effective Date" has the meaning set forth in Amendment No. 5."'
No Other Amendment. The terms of this Amendment No. 2 shall supersede and prevail over any conflicting provisions of the SPA. Except as amended hereby, and subject to the preceding sentence, all of the remaining terms of the SPA shall remain unchanged and in full force and effect.
This Amendment No. 4 may be executed in several counterparts and all so executed counterparts shall constitute one agreement, binding on both Parties hereto, notwithstanding that both Parties may not be signatories to the original or the same counterpart. For all purposes, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document.
This Amendment No. 4 and all documents executed and delivered in connection herewith, and all notices and other communications given pursuant to this Amendment No. 4, may be executed and signatures transmitted via email or facsimile in addition to the methods prescribed in Section 24.2 of the PPA. Email or facsimile deliveries shall be sent as follows:
This Amendment No. 1 shall be effective from the Effective Date.
This Amendment No. 1 shall inure to the benefit of, and be binding upon, the Parties hereto and their respective heirs, successors, trustees, transferees, and assigns.
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