Amendment to Section 2.21. (a) Section 2.21(a) of the Credit Agreement is hereby amended by:
Amendment to Section 2.21. The first sentence of Section 2.21 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: If any Lender shall (a) be a Defaulting Lender, (b) be an Impacted Lender or (c) become affected by any of the changes or events described in Sections 2.16, 2.17, 2.18 or 2.19 and shall petition the Borrower for any increased cost or amounts thereunder (in the case of any Lender falling under the category of clause (a), (b) or (c) above, a “Replaced Lender”), then in such case, the Borrower may, upon at least thirty (30) Business Days’ notice to the Administrative Agent and such Replaced Lender and so long as no Default or Event of Default has occurred and is continuing, designate a replacement lender (a “Replacement Lender”) acceptable to the Administrative Agent in its reasonable discretion, to which such Replaced Lender shall, subject to its receipt (unless a later date for the remittance thereof shall be agreed upon by the Borrower and the Replaced Lender) of all amounts owed to such Replaced Lender under Sections 2.16, 2.17, 2.18 or 2.19, assign at par all (but not less than all) of its rights, obligations, Loans and Commitments hereunder; provided, that all amounts owed to such Replaced Lender by the Borrower (except liabilities which by the terms hereof survive the payment in full of the Loans and termination of this Agreement) shall be paid in full as of the date of such assignment.
Amendment to Section 2.21. Section 2.21 of the Credit Agreement is hereby amended by deleting the words "four and one-half percent (4.5%)" appearing in clause (i) of the first sentence thereof and inserting in lieu thereof the words "four and one-quarter percent (4.25%)".
Amendment to Section 2.21. Section 2.2.1 of the SERP is hereby amended and restated to read in its entirety as follows:
Amendment to Section 2.21. If Landlord delivers the Landlord Consent, then, from and after the Effective Date of the Landlord Consent, Section 22.1 of the Agreement shall, without further act or deed, be amended by deleting the notice addresses of Tenant in their entirety and substituting therefor the following: To Tenant: Discovery Laboratories, Inc. 700 Xxxxx Xxxxxxxxx Xxxxxx, Xxx Xxxxxx 00000 Attn: Jxxxx Xxxxxxxxx, Vice President Withcopy to: Discovery Laboratories, Inc. 2000 Xxxxx Xxxx Warrington, Pennsylvania 18976-3646 Attn: Dxxxx X. Xxxxx, SVP and General Counsel
Amendment to Section 2.21. Section 2.21 of the Credit Agreement is hereby amended as of the Effective Date by amending and restating the last sentence of such section in its entirety as follows: “Notwithstanding anything herein to the contrary, Reserves shall not duplicate eligibility criteria contained in the definition of “Eligible Parts Inventory” or “Eligible Used Truck Inventory” and vice versa, or reserves or criteria deducted in computing the cost or market value of Eligible Parts Inventory or Eligible Used Truck Inventory, as applicable, or the Net Orderly Liquidation Value of Eligible Parts Inventory or Eligible Used Truck Inventory, as applicable, and vice versa.”
Amendment to Section 2.21. Section 2.21 of the Credit Agreement is amended by deleting the date “March 29, 2018” in the parenthetical on the second line thereof and substituting the date “February 28, 2020” in place thereof.
Amendment to Section 2.21. Section 2.21(b) of the Credit Agreement is hereby amended by deleting “US$150,000,000” and inserting in its place “US$300,000,000”.
Amendment to Section 2.21. Section 2.21 of the Credit Agreement is hereby amended by (i) deleting the phrase “(b) (i) any Lender shall become a Defaulting Lender” and inserting in lieu thereof the phrase “(b) (i) any Lender shall default in its obligation to fund any Revolving Loan or its portion of any unreimbursed payment under Section 2.3(b)(iv) or 2.4(e)” set forth therein and (ii) by deleting the phrase “or (c)” set forth therein and inserting in lieu thereof the phrase “(c) any Lender shall otherwise become a Defaulting Lender other than as a result of a Funding Default; or (d)”.
Amendment to Section 2.21. The proviso at the end of Section 2.21(a) of the Credit Agreement is hereby amended and restated in its entirety as follows: “provided that, (x) with respect to any such assignment made in connection with the Second Amendment, all references in this sentence to “Administrative Agent” shall be deemed to be references to Xxxxxx Xxxxxxx Senior Funding, Inc., in its capacity as a Joint Lead Arranger in connection with the Second Amendment, and (y) with respect to any such assignment made in connection with the Third Amendment, all references in this sentence to “Administrative Agent” shall be deemed to be references to Xxxxxx Xxxxxxx Senior Funding, Inc., in its capacity as a Joint Lead Arranger in connection with the Third Amendment.”
