01 of the Credit Agreement Sample Clauses

01 of the Credit Agreement. Section 1.01 of the Credit Agreement is hereby amended as follows:
01 of the Credit Agreement. Section 1.01 of the Credit Agreement is amended by deleting the definition ofObligations” in its entirety and substituting in lieu thereof the following:
01 of the Credit Agreement. Each of the Borrower and the Bank hereby waives any objection that it may now or hereafter have to the venue of any suit brought in Boston, Massachusetts or any court sitting therein or that a suit brought therein is brought in an inconvenient court.
01 of the Credit Agreement. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein.
01 of the Credit Agreement. 1 1 Applicable if requesting a Revolving Credit Borrowing. BABCOCK & WILCOX ENTERPRISES, INC. By: Name: Title: EXHIBIT B FORM OF SWING LINE LOAN NOTICE Date: , To: Bank of America, N.A., as Swing Line Lender Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of May 11, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among BABCOCK & WILCOX ENTERPRISES, INC., a Delaware corporation, as the borrower thereunder, the Lenders, the Administrative Agent, the Swing Line Lender and each L/C Issuer. The undersigned hereby requests a Swing Line Borrowing:
01 of the Credit Agreement. (e) The Borrower is entering into this Amendment on the basis of its own investigation and for its own reasons, without reliance upon the Administrative Agent and the Lender or any other Person.
01 of the Credit Agreement. (a) Section 6.01(a)(i) of the Credit Agreement is amended in its entirety to read as follows:
01 of the Credit Agreement. The filing of appropriate UCC financing statements in the appropriate filing offices in the jurisdiction of organization of the applicable Pledgor or obtainingcontrol” over such interests in accordance with the provisions of Section 8-106 of the UCC will perfect and establish the first priority (subject to Permitted Liens of the type described in subsections (d), (g), (m), (n) and (v) of Section 8.01 of the Credit Agreement) of the Collateral Agent’s security interest in any uncertificated Pledged Collateral that constitutes a Security. The filing of appropriate UCC financing statements in the appropriate filing offices in the jurisdiction of organization of the applicable Pledgor will perfect and establish the first priority (subject to Permitted Liens) of the Collateral Agent’s security interest in any Pledged Collateral that does not constitute a Security. Except as set forth in this subsection (g), no action is necessary to perfect the security interests granted by the Pledgors under this Pledge Agreement.
01 of the Credit Agreement. Section 5.01 of the Credit Agreement is hereby amended by adding the following after the heading thereof: "The Company will give the Administrative Agent prompt written notice of any change in any Rating that results in a change in the Category on which the Applicable Percentage is based."