Amendment to SPA. The Holders hereby consent to the amendment of the SPA as set forth in the amendment to securities purchase agreement attached hereto as Exhibit A (the “SPA Amendment”).
Amendment to SPA. Effective as of the date hereof:
Amendment to SPA. Section 5.2 (Price Adjustment) of the SPA and the definitions “Xxxxxxxxx Take-Private Per Share Consideration” and “Take-Private Transaction” set forth under Section 6.1 (Certain Definitions) of the SPA are hereby deleted in their entirety and shall be null and void ab initio and be of no force and effect, and the Purchaser and its Affiliates shall have no obligations or liabilities under such provisions (whether accrued, contingent or otherwise).
Amendment to SPA. The Company (by its signature below) and Assignee acknowledge that immediately after giving effect to the assignment contemplated by this Agreement:
Amendment to SPA. NESR agrees that it shall not agree to any amendment, supplement, change, modification or waiver of any term of the SPA (including the exhibits and schedules annexed thereto or referred to therein) without the prior written consent of Olayan. Agreed by the Parties or their duly authorized representatives on the date written above on the first page. HANA INVESTMENTS CO. WLL By: Printed Name: Title: NATIONAL ENERGY SERVICES REUNITED CORP. By: Printed Name: Title:
Amendment to SPA. The first sentence of Section 2.3 of the SPA is hereby deleted and replaced in its entirety as follows (and all other portions of Section 2.3 shall remain unaffected by this Amendment):
Amendment to SPA. Effective as of the date hereof, Section 5.7(a)(ii) of the SPA is hereby amended by deleting the first section of Section 5.7(a)(ii) in its entirety and replacing it with the following sentence:
Amendment to SPA. (a) The following sentence is added after the last sentence in the definition of the term “Indebtedness” in Section 1.2 of the SPA: “Solely for purposes of calculating Estimated Indebtedness, Final Indebtedness, Estimated Net Working Capital and Final Net Working Capital, (i) Indebtedness shall not include the amount of Cash required to secure Irrevocable Standby Letter of Credit No. HACH114321OS, issued by Xxxxxx X.X., dated November 8, 2005, in the amount of $50,000.00, and Irrevocable Standby Letter of Credit No. HACH127280OS, issued by Xxxxxx X.X., dated April 29, 2008, in the amount of $660,967.00, and (ii) Indebtedness shall include the value of those payables that would have otherwise been paid in the Ordinary Course of Business prior to Closing but for the steps taken by the Companies to fix the outstanding amount under the Companies’ line of credit with Xxxxxx Bank N.A. to accommodate the closing of the Contemplated Transactions (such payables described in this clause (ii) are defined as the “Subject Payables”).”
Amendment to SPA. 2.1 Pursuant to Clause 22.2 of the SPA, each Party agrees that with effect on and from the date hereof, Clause 15.4 of the SPA shall be deleted in its entirety and replaced as follows:
Amendment to SPA. (a) The SPA is hereby amended to:
