Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended by deleting it in its entirety and replacing it with the text that follows so that, as amended, Section 2.2(a) of the Agreement shall read as follows:
Amendment to Section 2.2(a). Section 2.2(a) of the Credit Agreement is hereby amended by replacing the reference therein to “$150,000,000” with “$200,000,000”.
Amendment to Section 2.2(a). Section 22(a) is hereby amended and restated in its entirety as follows:
Amendment to Section 2.2(a). Section 2.2(a) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.2(a). The second paragraph of Section 2.2(a) of the Original Agreement is hereby amended by deleting the text thereof and replacing the deleted text with the following (solely for convenience, changed language is italicized): “The Transferor shall, by notice to the Administrative Agent given by telecopy, offer to convey, transfer and assign to the Administrative Agent, on behalf of any of the applicable Class Investors, undivided percentage ownership interests in the Receivables and the other Affected Assets relating thereto not later than 3:00 p.m. (New York time) on the Business Day prior to the proposed date of any Incremental Transfer. With respect to each Class, each such notice shall specify (w) whether such request is made to the Administrative Agent on behalf of the Class Conduit for such Class or the related Bank Investors for such Class (it being understood and agreed that once any of such Bank Investors acquire any interest in the Transferred Interest hereunder, such Bank Investors shall be required to purchase all of the portion of the Transferred Interest held by the related Class Conduit in accordance with Section 10.7 and thereafter such Class Conduit shall no longer accept any additional Incremental Transfers hereunder), (x) the desired Transfer Price (which shall be at least $5,000,000 per Class or integral multiples of $1,000,000 in excess thereof) or, to the extent that the then available unused portion of the Aggregate Maximum Net Investment is less than such amount, such lesser amount equal to such available portion of such Aggregate Maximum Net Investment), (y) the desired date of such Incremental Transfer and (z) the desired Tranche Period(s) and allocations of the Net Investment for such Class of such Incremental Transfer thereto as required by Section 2.3. The Administrative Agent will promptly notify each Class Agent and each Class Conduit or related Bank Investors for such Class, as applicable, of the Administrative Agent’s receipt of any request for an Incremental Transfer to be made to such Person. To the extent that any such Incremental Transfer is requested of a Class Conduit, such Class Conduit shall accept or reject such offer by notice given to the Transferor and the Administrative Agent by telephone or telecopy by no later than the close of its business on the Business Day following its receipt of any such request. Each notice of proposed Transfer shall be irrevocable and binding on the Transferor and the Transferor shall indem...
Amendment to Section 2.2(a). Section 2.2(a) of the Loan Agreement is hereby amended by replacing the text “$10,000,000” in Section 2.2(a) with “$5,000,000”.
Amendment to Section 2.2(a). Section 2.2(a) of the Agreement is hereby amended in its entirety to read as follows: “The purchase and sale of the Shares and of the Convertible Bonds shall take place at a closing (the “Closing”) to be held in Luxembourg at the offices of Loyens Winandy, at 10, xxx Xxxxxx Xxxxxxxx, L-2540 Luxembourg, at 10:00 A.M., Luxembourg Time, at the latest on the first Business Day following the 64th day following the date of this Agreement, or at such other place or at such other time or on such other date as the Buyer and the Stockholder Representative mutually may agree in writing, provided that the conditions set forth in this Agreement are met (or waived, as applicable). The day on which the Closing takes place is referred to as the “Closing Date”.”
Amendment to Section 2.2(a). Section 2.2 (a) (iii) of the Board Representation Agreement is hereby deleted and replaced with the following text:
Amendment to Section 2.2(a). Section 2.2(a) of the Credit Agreement is amended by inserting the following at the end thereof, prior to the period: (except, with respect to any Incremental Term Borrowing, to the extent otherwise provided in the related Incremental Term Loan Assumption Agreement).
