The Existing Loan Agreement is hereby amended to read in its entirety as set forth in Exhibit A hereto (the “Amended Loan Agreement”). All schedules and exhibits to the Existing Loan Agreement, as in effect immediately prior to the Amendment No. 6 Effective Date, shall constitute schedules and exhibits to the Amended Loan Agreement except, that, those schedules and exhibits which are attached to the Amended Loan Agreement shall constitute those respective schedules and exhibits after the date of this Amendment No. 6. Each reference
Amendment to Loan Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, the table appearing in [Section 6.7(a)] of the Loan Agreement is hereby amended, for the fiscal quarter ended December 31, 2017, as follows:
Amendment to Charter Documents. The Parties hereby authorize Sangre upon Closing to amend Sangre’s Articles of Organization and other Sangre documents that may be applicable to reflect the transactions contemplated herein.
# and shall execute the Amended and Restated Convertible Secured Promissory Note in the principal amount of $199,645 in the form attached as Exhibit A to the /D2 Third Amendment Agreement (the “A&R Secured Note”), which A&R Secured Note shall amend and restate the Second Closing Secured Note on the terms and conditions set forth therein;
No amendment, waiver, modification, elimination, or consent shall amend, modify, or waive any provision of this Agreement or the Other Documents pertaining to Swing Loan [[Organization C:Organization]], or any other rights or duties of Swing Loan [[Organization C:Organization]] under this Agreement or the Other Documents, without the written consent of Swing Loan [[Organization C:Organization]], [[Organization B:Organization]], [[Organization A:Organization]] and the Required Lenders;
Indebtedness outstanding on the date hereofRestatement Date and listed on [Schedule 7.02] and any refinancings, refundings, renewals or extensions thereof; provided that the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and by an amount equal to any existing commitments unutilized thereunder and the direct or any contingent obligor with respect thereto is not changed, as a result of or in connection with such refinancing, refunding, renewal or extension; and provided, still further, that the terms relating to principal amount, amortization, maturity, collateral (if any) and subordination (if any), and other material terms of any such refinancing, refunding, renewing or extending Indebtedness, and of any agreement entered into and of any instrument issued in connection therewith, are not materially less favorable (when taken as a whole) to the Loan Parties or the Lenders than the terms of any agreement or instrument governing the Indebtedness being refinanced, refunded, renewed or extended and the interest 885707.04-LACSR02A - MSW
Unenforceability of Certain Loan Documents. This Agreement, any Note, any Subsidiary Guaranty or any Collateral Document shall fail to remain in full force or effect or any action shall be taken to discontinue or to assert the invalidity or unenforceability thereof, or any Loan Party that is a party to any such Loan Document shall deny that it has any further liability thereunder or shall give notice to such effect, in each case other than as expressly permitted hereunder or thereunder or upon Payment in Full;
Debt described in, or incurred under commitments described in, [Schedule 6.02] , and any Debt refinancing, extending, renewing or replacing any such Debt to the extent the principal amount of such refinancing, extending, renewing or replacing Debt does not exceed the principal amount of such Debt being refinanced, extended, renewed or replaced;
Indebtedness of a Subsidiary of the Borrower owed to the Borrower or Subsidiary of the Borrower, which Indebtedness shall # in the case of Indebtedness owed to a Credit Party, constitute Collateral under the Collateral Agreement, # in the case of Indebtedness owed by a Credit Party to a Non-Guarantor Subsidiary shall be unsecured and if such Indebtedness is evidenced by a note or other written agreement, shall be subordinated to the Obligations on terms reasonably acceptable to the Administrative Agent and # be otherwise permitted under the provisions of [Section 9.2(c), (h) or (i)])])];
Consent. Notwithstanding any provision to the contrary in [Sections 7.4 or 7.6]6] of the Loan Agreement, Bank hereby consents to Borrowers consummation of the SkyCross Asset Purchase.
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