Amendment to Section 5.6. Section 5.6 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 5.6 of the Agreement shall read as follows:
Amendment to Section 5.6. Section 5.6 is hereby deleted in its entirety and replaced as follows:
Amendment to Section 5.6. Section 5.6 of the Agreement is hereby amended and restated in its entirety as follows: “If the Series D Units remain outstanding at 5:00 p.m., New York City time, on October 2, 2017, AMID shall promptly, but in no event later than October 4, 2017, issue to the Purchaser the Warrant in the form attached hereto as Exhibit B.”
Amendment to Section 5.6. Section 5.6 of the Asset Purchase Agreement is hereby amended by deleting the last sentence thereof and the following is substituted in lieu thereof: “The Buyer has delivered to the Seller a true and complete copy of the Agreement, dated January 22, 2018, among Buyer, Parent and Xxxxxx X. Xxxxxxx providing for Xxxxxx X. Xxxxxxx to invest $500,000 in Parent and providing for such amount to be contributed to Buyer in connection with Closing to fund a portion of the Cash Consideration (the “Additional Equity Financing”). As of the date hereof, the cash currently available to the Buyer together with the proceeds of the Financing as contemplated by the Financing Proposals together with the Additional Equity Financing are sufficient to enable the Buyer to make payment of the Cash Consideration at Closing and otherwise consummate the transactions contemplated by this Agreement.”
Amendment to Section 5.6. Section 5.6 of the Credit Agreement is hereby amended by replacing such Section 5.6 in its entirety with the following:
Amendment to Section 5.6. Section 5.6 of the Original Agreement shall be amended and restated as follows: “Public Announcements. The initial press release with respect to the execution of this Agreement shall be a joint press release to be reasonably agreed upon by Parent and MLP. Thereafter, neither MLP nor Parent shall issue or cause the publication of any press release or other public announcement (to the extent not previously issued or made in accordance with this Agreement) with respect to this Agreement or the transactions contemplated hereby without the prior consent of the other party (which consent shall not be unreasonably withheld or delayed), except as may be required by Law or by any applicable listing agreement with the NYSE or other national securities exchange as determined in the good faith judgment of the party proposing to make such release (in which case such party shall not issue or cause the publication of such press release or other public announcement without prior consultation with the other party); provided, however, that MLP shall not be required by this Section 5.6 to consult with any other party with respect to a public announcement in connection with the receipt and existence of an MLP Alternative Proposal that the MLP Managing GP Board (upon the recommendation of the MLP Conflicts Committee) believes is bona fide and matters related thereto or an MLP Adverse Recommendation Change but nothing in this proviso shall limit any obligation of MLP under Section 5.3(d) to negotiate with Parent in good faith; provided, further, that each party and their respective controlled affiliates may make statements that are consistent with statements made in previous press releases, public disclosures or public statements made by Parent or MLP in compliance with this Section 5.6.
Amendment to Section 5.6. Section 5.6 of the Credit Agreement is amended to replace the period at the end of such Section 5.6 with a semicolon, and to add thereto the following, at the far left margin of such Section 5.6: “and, at least ten Business Days prior to the consummation of any such sale, written notice of any proposed sale of Oil and Gas Properties of the Borrower or any Subsidiary of the Parent or proposed sale of a Subsidiary of the Parent, including in such written notice identification of the Oil and Gas Properties or the Subsidiary of the Parent which is the subject of the proposed sale and a summary of the principal terms of the proposed sale.”
Amendment to Section 5.6. Section 5.6 of the Merger Agreement is hereby amended by deleting Section 5.6 thereof in its entirety and substituting “[Intentionally Omitted]” therefor.
Amendment to Section 5.6. Section 5.6 of the Credit Agreement is hereby amended by inserting the phrase "(or an amount not to exceed $12,500,000 with respect to the Borg Acquisition)" immediately after the phrase "shall not exceed $8,000,000" in clause (v) thereof.
Amendment to Section 5.6. Section 5.6 of the Original Agreement is hereby amended to read as follows: The District agrees to pay to the Trustee, not later than the 15th calendar day of each month (or the next Business Day thereafter if the 15th day is not a Business Day) for deposit in the Operating Fund and the Revenue Fund, District Sales Tax Revenues (less the Collection Fee if the Authorized District Representative is collecting the District Sales Tax) to the payment of, to the extent appropriated by the District, for application as provided in the Trust Indenture. Notwithstanding the foregoing, without the prior written consent of the City, all Trust Indentures must provide for the monthly payment of not less than one– twelfth of payment of the Annual Security Account Deposit from the first application of District Sales Tax Revenues, after the costs of collection.
