Amendment of Facility Agreement. With effect from the date upon which the Agent confirms to the other Finance Parties and the Company that it has received each of the documents listed in Schedule 1 (Conditions Precedent) (or waived receipt of, as the case may be) in a form and substance satisfactory to the Agent (such date the “Effective Date”), the Facility Agreement shall be amended and apply as between the parties thereto so that it shall be read and construed for all purposes as set out in Schedule 2 (Amended and Restated Facility Agreement) (the “Amended and Restated Facility Agreement”).
Amendment of Facility Agreement. Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof), the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment or the Notes (or in any Conversion Notices (as defined in the Notes)), after giving effect to the Exchange (as defined below) and subject to the conversion thereof and the terms and conditions set forth herein, the remaining $3,000,000 July 2018 Tranche 4 Principal Payment shall be deferred to and shall be due and payable on, August 31, 2018 (subject to any acceleration thereof pursuant to the terms of the Facility Agreement) in accordance with the Facility Agreement unless satisfied through conversion of Notes in accordance with the Facility Agreement and the Notes. From and after the date hereof, any conversion of principal under the Notes shall be applied to reduce principal payments due under the Notes as set forth on Schedule 1.01, in each case, until the earlier of (A) the time the applicable amount of such principal payment (as set forth in the third column of Schedule 1.01) has been satisfied in full through conversions thereof and (B) 5:00 p.m. (New York City time) on the Trading Day immediately preceding the date such principal payment is due and payable
Amendment of Facility Agreement. (a) Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof), the Fourth Amendment, the Fifth Amendment, the Sixth Amendment or the Notes (or in any Conversion Notices (as defined in the Notes)):
Amendment of Facility Agreement. (a) Notwithstanding anything to the contrary contained in the Facility Agreement (including Section 2.3 thereof) or the Notes, after giving effect to the Exchange (as defined below) and subject to the consummation thereof, the $1,250,000 in remaining principal amount of the Tranche 4 Notes (the “Remaining October 2017 Tranche 4 Principal Payment”) that, prior to the Fourth Amendment, was due and payable on October 31, 2017 and was deferred by the Fourth Amendment and the Fifth Amendment to January 19, 2018, shall be further deferred to, and shall be due and payable on, May 6, 2018.
Amendment of Facility Agreement. Effective as of the Effective Date (as hereinafter defined), the Facility Agreement is hereby amended as follows:
Amendment of Facility Agreement. With effect from the date falling two Business Days (or such earlier date as may be agreed by the Agent, acting in its sole discretion) from the date upon which the Agent confirms to the other Finance Parties and the Company that it has received each of the documents listed in Schedule 1 (Conditions Precedent) (or waived receipt of, as the case may be) in a form and substance satisfactory to the Agent (such date the “Effective Date”), the Facility Agreement shall be amended and apply as between the parties thereto so that it shall be read and construed for all purposes as set out in Schedule 2 (Amended and Restated Facility Agreement) (the “Amended and Restated Facility Agreement”).
Amendment of Facility Agreement. A. Notwithstanding anything contained in Section 2.3 of the Facility Agreement to the contrary, $10,000,000 in principal amount of the Tranche 4 Notes (“Tranche 4 Notes Principal Payment”) due and payable on July 18, 2017 shall be deferred to and due and payable on August 31, 2017, subject to further deferral as set forth below. Upon not less than three (3) days’ prior written notice by the Borrower to the Purchasers and the delivery on August 31, 2017 of written certification by the Borrower to the Purchasers that the Extension Conditions (as defined below) have been satisfied as of the date of such certification, the Borrower may elect to defer the Tranche 4 Principal Payment from August 31, 2017 to October 31, 2017; provided, that as of August 31, 2017 the Extension Conditions have been satisfied. The “
Amendment of Facility Agreement
