Amendment of Mortgage. Section 39(e) of the Mortgage is hereby amended by deleting the phrase “April 30, 2010, unless extended to November 30, 2010 in accordance with the terms of Section 2.6 of the Credit Agreement or” and inserting the date “November 30, 2010” in place and in stead thereof.
Amendment of Mortgage. No amendment of, or supplement to, the Mortgage with respect to the Mortgaged Property shall be made which could reasonably be expected to have an adverse effect on the interests of the Lenders hereunder.
Amendment of Mortgage. Bank and Mortgagor hereby agree to amend the Mortgage as follows:
Amendment of Mortgage. The Amendment of Mortgage to be executed at the time that an additional Project is approved by Lender for the purpose of subjecting such Project to the lien of the Mortgage. The form of the Amendment of Mortgage shall be as set forth in Exhibit "A" attached hereto with the insertion of the applicable legal description being added for such Project.
Amendment of Mortgage. Assignment of Leases and Rents, Security Agreement and Financing Statement regarding real property located at Lawrenceburg, KY (Xxxxxxxx County) by GK Technologies, Incorporated in favor of Collateral Agent.
Amendment of Mortgage. Section 1 of Article X of the Mortgage is hereby amended by inserting in said section immediately preceding the words "then, and in each and every such case, the Trustee", the following: "or in case the Company shall be adjudicated a bankrupt by any court of competent jurisdiction or shall file a voluntary petition in bankruptcy or shall make an assignment for the benefit of creditors or shall admit in writing its inability to pay its debts as they become due; or in case the Company shall consent to the appointment of a receiver or trustee of all or a substantial part of the mortgaged property; or in case the Company shall file a petition under the federal bankruptcy laws, or any other applicable law or statute of the United States of 41 America or of any state thereof; or in case the Company shall file a petition or take advantage of any insolvency act; or in case, during a period of sixty (60) days following (1) the entry of an order approving a petition of some person other than the Company, seeking reorganization of the Company under the federal bankruptcy laws or any other applicable statute of the United States of America or any state thereof, or (2) the appointment of a trustee or a receiver of all or a substantial part of the mortgaged property, such order or appointment of a trustee or receiver shall not be vacated or shall not be stayed on appeal or otherwise shall not have otherwise ceased to continue in effect;" The amendment to Section 1 of Article X of the Mortgage which is contained in this Article III shall survive the redemption, retirement, cancellation or defeasance of all of the bonds of Series MM.
Amendment of Mortgage. Section 1. In order to correct an unintentional typographical error contained in Section 8 of Article II of the Eighteenth Supplemental Indenture, such section shall be deleted and is restated in its entirety as follows: Effective as of the date that all of the Series Q Bonds are retired or defeased the requirements limiting the issuance of additional First Mortgage Bonds set forth in Subsection 4(b) of the first paragraph of Section 4 of Article I of the Sixteenth Supplemental Indenture shall be deleted.
Amendment of Mortgage. (a) Paragraph 72 of the Mortgage is hereby corrected as follows:
Amendment of Mortgage. The Mortgage is hereby amended, to the extent necessary, to amend, ratify and confirm that the obligations of the Borrower under (i) this Modification Agreement, and (ii) the Note, in its original form and as modified and amended hereby, and, in each case, as the same may be further amended and modified and any further extensions, renewals, substitutions, modifications or replacements thereof are included with the definition of Liabilities (as defined in the Mortgage) secured by the Mortgage. Borrower ratifies, confirms and agrees that the Note, as modified and amended hereby, constitutes a “modification” of the Note, as such term is used in the Mortgage. Without limiting the foregoing, Borrower acknowledges and agrees that (i) each and every reference in the Mortgage to the “Note” shall be deemed to mean the Note, as modified and amended hereby, and any and all extensions, renewals, substitutions, modifications or replacements thereof; and (ii) this Modification Agreement and the Note, as modified and amended hereby, and, in each case, any and all extensions, renewals, substitutions, modifications or replacements thereof, shall be deemed included in the definition of (a) “Liabilities” secured by the Mortgage, as said term is defined in the Mortgage, and (b) “Loan Documents”. Each and every reference in the Loan Documents to the Mortgage shall be deemed to refer to and include the Mortgage as amended by this Modification Agreement.
Amendment of Mortgage. The Borrower will not amend, supplement, waive or terminate the Mortgage in any manner that is materially adverse to the Lenders; provided the foregoing shall not prohibit the Borrower from supplementing the Mortgage in order to provide for the issuance of additional first mortgage bonds in accordance with the Mortgage, subject to compliance with Section 5.01(d).
