[Section 6.01(i)] of the Credit Agreement is hereby amended by adding the words “non-delinquent” before the word “premiums”.
[Section 6.11] is amended in entirety to read as follows:
[Section 6.12] of the Credit Agreement is amended by adding a new clause (d) to the end of such section to read as follows:
[Section 6.2(a)] of the Purchase Agreement is hereby amended to read in its entirety as follows:
[Section 6.06] of the Existing Credit Agreement is hereby amended and restated in its entirety as follows:
[Section 6.4(a)] of the Loan Agreement is hereby amended by deleting the following section in its entirety and substituting the following therefore (changes are in italics):
[Section 6.06] of the Credit Agreement is hereby amended by # deleting the word and appearing at the end of [clause (l)] thereof, # deleting the period appearing at the end of [clause (m)] thereof and inserting ; and in lieu thereof and # inserting the following new [clause (n)] at the end thereof:
[Section 6.9] (Financial Covenants). [Sections 6.9(a) and (b)])] are amended in their entirety and replaced with the following:
Notwithstanding [Section 6.09], any Producer that commenced a production run at a Mine prior to December 20, 2016 in accordance with the Historical Article VI Provisions for purposes of demonstrating a Post-Expansion Audit Amount for a Major Expansion (an Exempt Producer) may elect not to be subject to [Section 6.09] in respect of such Major Expansion, in which case:
Notwithstanding [Section 6.16], in the event a consultation process conducted in accordance with [Section 6.15(h)] identifies issues which cannot be resolved within ten (10) business days from the date the consultation takes place (the Consultation Completion Deadline), the parties hereto shall confer to determine whether the results of the Engineering Audit should be provisionally accepted pending ultimate resolution, or held in abeyance pending such resolution, considering the materiality of the issue, the magnitude of the adjustment and the anticipated time required to resolve the issues. If the parties hereto cannot reach resolution of these matters, the Expanding Producer, regardless of whether the Expanding Producer previously confirmed (or was deemed to confirm) to [[Organization A:Organization]] that it accepted the results of the Engineering Audit Report, may elect to apply the Production Run Procedures (in which case, the Expanding Producer shall be considered an Electing Producer) or, if no such election is made, all questions shall immediately proceed to binding arbitration and resolved no later than one (1) month from the Consultation Completion Deadline with retroactive effect to the date that would otherwise apply pursuant to [Section 6.16] (being January 1 or July 1, as applicable). If the Expanding Producer is not satisfied with the results of such arbitration, the Expanding Producer, regardless of whether the Expanding Producer previously confirmed (or was deemed to confirm) to [[Organization A:Organization]] that it accepted the results of the Engineering Audit Report, may elect to apply the Production Run Procedures (in which case, the Expanding Producer shall be considered an Electing Producer).
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