Amendment Request. Accordingly, in accordance with Clause 36 (Amendments and waivers) of the Facility Agreement, we request that you seek the consent of the Majority Lenders to the amendment of the following provisions of the Facility Agreement:
Amendment Request. 13. Pursuant to clause 37 (Amendments and waivers) of the Facility Agreement, by and with effect from the date of the Agent's countersignature of this letter, it is hereby confirmed that the requisite Lenders under the Facility Agreement consent to the following amendments to the Facility Agreement: (A) Replace the entirety of clause 9.2 (Change of Control) of the Facility Agreement with the following: " 9.2 Change of Control (a) If either: (1) Vitol Holding B.V. and its Affiliates, collectively or individually, do not control the Company and EITHER (X) hold (directly or indirectly) less than 25 per cent. of the issued share capital of the Company carrying a right to vote at a general meeting of the Company OR (Y) the investment committee of Vitol Investment Partnership Limited ceases to be comprised of a majority of persons appointed by Vitol Holding B.V. and its Affiliates, collectively or individually, or (2) Vitol Holding B.V. (and its Affiliates) and Vitol Investment Partnership Limited (and its Affiliates), collectively or individually, cease to control the Company, then: (i) the Company shall promptly notify the Agent upon becoming aware of that event; (ii) a Lender shall not be obliged to fund a Utilisation (except for a Rollover Loan); and (iii) if the Majority Lenders so require, the Agent shall, by not less than 30 days' notice to the Company, cancel the Total Commitments and declare all outstanding Utilisations and all Ancillary Outstandings, together with accrued interest and all other amounts accrued under the Finance Documents, immediately due and payable, at which time the Total Commitments will be cancelled and all such outstanding amounts will become immediately due and payable. (b) For the purpose of paragraph (a) above "control" means: (i) the power (whether by way of ownership of shares, proxy, contract, agency or otherwise) directly or indirectly to: (A) cast, or control the casting of, not less than one-half of the maximum number of votes that might be cast at a general meeting of the Company; or (B) appoint or remove not less than one-half of the directors or other equivalent officers of the Company; or
Amendment Request. Approval of increasing enrollment cap for 2019- 2020 to apply for Expansion and Replication NM Charter School Program Sub grant
Amendment Request. An amendment to the qualification decision may be requested in the following cases:
Amendment Request. We are grateful for your continued commitment and support as Lenders under the Credit Agreement. In lieu of depositing cash into a Blocked Account, WDB Holding PA, Inc. (the “Borrower”) has discussed with certain Xxxxxxx a proposal to require the Borrower to make prepayments of the principal of the Loan in exchange for credits towards the Consolidated Interest Coverage Ratio calculation. Furthermore, the parties have discussed certain technical adjustments as outlined herein. In connection therewith, the Borrower is requesting certain amendments to the Credit Agreement, as set forth in the proposed Amendment No. 7 to Credit Agreement attached hereto (the “Seventh Amendment”). Pursuant to Section 9.02(b) of the Credit Agreement, no amendment or waiver of any provision of the Credit Agreement shall be effective unless in writing executed by the Borrower and the Agent with the consent of the applicable percentage of Lenders. Capitalized terms used herein shall have the same meaning ascribed to such terms in the Seventh Amendment and the Credit Agreement (as amended by the Seventh Amendment). Subject to the terms and conditions set forth in the Seventh Amendment (a draft of which is posted herewith), the Borrower hereby requests your consent to certain amendments to the Credit Agreement set forth in the Seventh Amendment, which include, but are not limited to, the following:
Amendment Request. Accordingly, in accordance with Clause 40 (Amendments and waivers) of the Facilities Agreement, we request that you seek the consent of the Lenders to the replacement of Part B (The Lenders – Loan Commitments) of Schedule 1 (The Parties) of the Facilities Agreement with the wording set out in schedule 1 to this letter, as soon as possible and in any event by no later than 5.00 p.m. on the date falling three Business Days from the date of this letter.
Amendment Request. 3.1 Accordingly, in accordance with Clause 35 (Amendments and Waivers) of the Facility Agreement, we request that you seek the consent of the Majority Lenders to the amendment of Clause 22.5(a)(i) (Subsidiary Indebtedness) of the Facility Agreement so that the reference to “$400,000,000” is replaced with “$570,000,000” (the Amendment Request).
Amendment Request. The parties hereto acknowledge that the Sustainability Targets have not been determined and agreed as of the First Amendment Effective Date and that Schedule 3 hereto has been intentionally left blank as of the First Amendment Effective Date. The Borrower may, at any time prior to the second anniversary of the First Amendment Effective Date, submit a request in writing to the Administrative Agent that this Agreement be amended to include the Sustainability Targets and other related provisions (including without limitation those provisions described in this Section 3), to be mutually agreed by the requisite parties hereto in accordance with Section 3.1.2 below (such amendment, the “ESG Amendment”). Such request shall be accompanied by the proposed Sustainability Targets as prepared by the Borrower in consultation with the Sustainability Agent and may be devised with assistance from the Sustainability Assurance Provider (defined below), which shall be included as Schedule 3. The proposed ESG Amendment shall also include the ESG Pricing Provisions (defined below) and shall identify a sustainability assurance provider, provided that any such sustainability assurance provider (if any) shall be a qualified external reviewer, independent of the Borrower and its Subsidiaries, with relevant expertise, such as an auditor, environmental consultant and/or independent ratings agency of recognized national standing (the “Sustainability Assurance Provider”).
Amendment Request. (a) The Company requests that the Participating Noteholders agree to amend the Lock-Up Agreement as contemplated in this letter (the Amendment Request).
Amendment Request. You have requested that the Facility Agreement be amended as set forth in this Amendment to allow the Proposed Amalgamation and related transactions to occur.
