Amendment to Introductory Paragraph. The introductory paragraph to the Credit Agreement is hereby amended and restated to read in its entirety as follows: THIS CREDIT AGREEMENT dated as of November 21, 2019, is among Earthstone Energy Holdings, LLC, a limited liability company duly formed and existing under the laws of the state of Delaware (the “Borrower”); Earthstone Energy, Inc., a Delaware corporation (“Parent”); each of the Lenders from time to time party hereto; Xxxxx Fargo Bank, National Association (in its individual capacity, “Xxxxx Fargo”), as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”) and as Issuing Bank; BOKF, NA dba Bank of Texas (in its individual capacity, “BOKF”), as Issuing Bank with respect to the Existing Letters of Credit; Royal Bank of Canada, as syndication agent for the Lenders (in such capacity, together with its successors in such capacity, the “Syndication Agent”); and Truist Bank, Citizens Bank, N.A., KeyBank National Association, U.S. Bank National Association, Fifth Third Bank, PNC Bank, National Association and Bank of America, N.A., as documentation agents for the Lenders (each, in such capacity, together with its successors in such capacity, a “Documentation Agent”).
Amendment to Introductory Paragraph. The introductory paragraph of the Original Security Agreement is hereby amended by restating the last sentence thereof to read as follows: “This Agreement secures the obligations of the Issuer under its Notes (as defined below) and the related Purchase Agreements and other Note Documents (as such terms are defined below).
Amendment to Introductory Paragraph. The introductory paragraph of the IP Security Agreement is hereby amended to delete therefrom the phrase “as administrative agent under the Credit Agreement, as hereinafter defined”, and to insert in place thereof the phrase “as administrative agent for itself and any other Persons that participate in the Swap Obligations”.
Amendment to Introductory Paragraph. The introductory paragraph on Page 1 of the Credit Agreement is hereby amended by deleting the reference to "U.S. $32,000,000" and replacing it with "U.S. $37,000,000".
Amendment to Introductory Paragraph. The introductory paragraph shall be amended by deleting the phrase in parentheses "(formerly known as Heritage Wholesalers, Inc.)" and replacing it with "(formerly known as Heritage Wholesalers, Inc. and successor by merger to Seaway Food Service, Inc.)".
Amendment to Introductory Paragraph. The definition of “Parent”, as defined in the introductory paragraph of the Credit Agreement, is hereby amended to refer to each of Oasis Petroleum LLC, a Delaware limited liability company, and Oasis Petroleum Inc., a Delaware corporation, and all references in the Credit Agreement and other Loan Documents to “the Parent” shall be deemed to be a reference to each of such entities mutatis mutandis.
Amendment to Introductory Paragraph. The definition of “Exercise Price” in the introductory paragraph of the Warrant Agreement is hereby deleted in its entirety and replaced with $0.045 per share.
Amendment to Introductory Paragraph. The introductory paragraph of the Credit Agreement is hereby amended by replacing the reference to “SUNTRUST BANK” with “TRUIST BANK”.
Amendment to Introductory Paragraph. The introductory paragraph of the First Amended Note Agreement was amended and restated by Amendment No. 2 to read as follows: "TBC PRIVATE BRANDS, INC., a Delaware corporation (formerly known as TBC Corporation) (together with its permitted successors and assigns, the "COMPANY") and TBC CORPORATION, a Delaware corporation (formerly known as TBC Parent Holding Corp.) (together with its permitted successors and assigns, the "HOLDING COMPANY"), hereby agree with you as follows:"
Amendment to Introductory Paragraph. The introductory paragraph of the Registration Rights Agreement is hereby amended and restated in its entirety to read as fol- lows: "This will confirm that (1) with respect to the several individuals and entities named as Purchasers in the Securities Purchase Agreement dated as of February 21, 1996, as amended (the "Purchase Agreement"), among Aurora Electron- 2 ics, Inc., a Delaware corporation (the "Company"), Welsh, Carson, Andexxxx & Xtowx XXX, L.P., a Delaware limited partnership ("WCAS VII"), WCAS Capital Partners II, L.P., a Delaware limited partnership ("WCAS CP IX"), and the several persons named therein, in consideration of (i) the purchase by WCAS VII and the several persons (other than WCAS CP IX) xxmed in Schedule I hereto (collectively, "the Preferred Share Purchasers") from the Company of 400,000 shares (the "Preferred Shares") of Convertible Preferred Stock, $.01 par value ("Convertible Preferred Stock"), of the Company, and (ii) the purchase by WCAS CP IX of (x) the Company's 10% Senior Subordinated Note due September 30, 2001, in the principal amount of $10,000,000, and (y) 607,211 shares (the "Common Shares") of Common Stock, $.03 par value ("Common Stock"), of the Company, all on the terms and subject to the conditions set forth in the Purchase Agreement, and as an inducement to the Purchasers to consummate the transactions contemplated by the Purchase Agreement, and (2) with respect to each of WCAS VII and WCAS CP IX, xx consideration of the additional financial risk that each of them is assuming by virtue of the issuance of the "Guarantees" (as defined in the Financial Support Agreement dated as of the date hereof among the Company, Aurora Electronics Group, Inc., WCAS VII and WCAS CP IX (xxe "Financial Support Agreement"), and as an inducement to WCAS VII and WCAS CP IX xx consummate the transactions contemplated by the Financial Support Agreement, the Company hereby covenants and agrees with each of you, and with each subsequent holder of Restricted Stock (as defined herein) as follows:"
