Amendment and Waiver to Credit Agreement. The Administrative Agent shall have received counterparts of this Amendment and Waiver, duly executed and delivered by Holdings, the Borrower and the Administrative Agent, and the Administrative Agent shall have received Lender Consent Letters (in the form attached hereto) of the Existing Lenders constituting each of (i) the “Required Lenders” under the Credit Agreement and (ii) the Majority Facility Lenders under the Credit Agreement in respect of the Tranche B Term Loan Facility.
Amendment and Waiver to Credit Agreement. This Second Amendment and Waiver to Credit Agreement (this “Second Amendment”) dated as of September 15, 2021, is among Xxxxxxx Oil and Gas Corporation, a Delaware corporation (the “Borrower”); Xxxxxxx Petroleum Corporation, a Delaware corporation (the “Parent Guarantor”); JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, together with its successors, the “Administrative Agent”); and the Lenders signatory hereto.
Amendment and Waiver to Credit Agreement. 1. Effective as of the Amendment Effective Date, the Banks hereby waive compliance by the Borrower with the requirements of Section 5.01(i) of the Credit Agreement solely as a result of the existence of the Specified Events of Default and solely in connection with the consummation of the Specified Borrowing; provided, that (x) the aggregate amount of Loans incurred by the Borrower pursuant to the Specified Borrowing shall not exceed $1,000,000, (y) other than the Specified Events of Default, at the time of the Specified Borrowing, there shall not exist and be continuing any other Default or Event of Default and (z) at the time of the Specified Borrowing, the Borrower shall have satisfied all of the other conditions precedent set forth in Section 5 of the Credit Agreement (it being understood and agreed by the parties hereto that (x) the waiver contained in this Section 1 shall apply to the Specified Borrowing only and shall not constitute a waiver of any conditions precedent applicable to the incurrence of Loans pursuant to the Credit Agreement (other than as expressly provided in this Section 1 in connection with the Specified Borrowing) or create a course of dealing or otherwise obligate the Banks to execute similar agreements under the same or similar circumstances in the future or constitute an agreement by the Banks to extend Loans to the Borrower in a manner other than as expressly provided in the Credit Agreement and (y) at least two (2) weeks prior to each anticipated incurrence of Loans under the Credit Agreement, the Borrower shall have provided to the Administrative Agent a detailed statement of cash flow projections for the twelve-month period commencing on the date of the relevant anticipated Borrowing of such Loans, which statement shall set forth comparative figures for the corresponding period for the prior year and be certified by the chief financial officer or controller of the Borrower (it being also understood and agreed by the parties hereto that the delivery of such cash flow projections shall not obligate the Banks to extend Loans pursuant to the Credit Agreement and that prior to the incurrence of Loans pursuant to the Credit Agreement (and the obligation of the Banks to extend Loans to the Borrower pursuant to the Credit Agreement), the Borrower shall be required to satisfy all of the conditions precedent to said Borrowing set forth in Section 5 of the Credit Agreement)).
Amendment and Waiver to Credit Agreement. This First Amendment and Waiver to Credit Agreement (herein, the "Amendment") is entered into as of October 31, 2003, by and among Plexus Corp., a Wisconsin corporation (the "Borrower"), the Subsidiaries listed on the signature pages hereof, as Guarantors, the several financial institutions listed on the signature pages hereof, as Lenders, and Harris Trust and Savings Bank, as Administrative Agent for the Lenxxxx.
