Limited Amendments. Except as expressly set forth herein, the Agreement shall continue to be, and shall remain, in full force and effect. The amendments set forth in herein shall not be deemed (i) to be a waiver of, or consent to, or a modification or amendment of, any other term or condition of the Agreement or (ii) prejudice any other right or rights which the parties may now have or may have in the future under or in connection with the Agreement or any of the instruments or agreements referred to therein, as the same may be amended or modified from time to time.
Limited Amendments. The foregoing amendments shall be limited precisely as written and in no event shall be deemed to constitute an amendment of any other term, provision or condition of the Existing Credit Agreement or any other Loan Document or prejudice any right or remedy that the Administrative Agent or any Lender may now have or may have in the future under or in connection with the Credit Agreement or any other Loan Document. In furtherance of the foregoing, except as expressly amended hereby, all of the representations, warranties, terms, covenants, conditions and other provisions of the Existing Credit Agreement shall remain unchanged and shall continue to be in full force and effect in accordance with their respective terms.
Limited Amendments. The amendments set forth in this Amendment shall be limited precisely as written and shall not be deemed to (a) be an amendment to or waiver of any other term or condition of the Resale Agreements or of any other instrument, tariff, SGAT or agreement referred to therein; or (b) prejudice any right or remedy that either Party may have in the future under or in connection with the Resale Agreements or any instrument, tariff, SGAT or agreement referred to therein. For the avoidance of doubt, any and all amounts due to BA under the terms of this Amendment shall be subject, in addition to the specific remedies set forth in this Amendment, also (at BA's sole option) to the remedies and procedures set forth in the Resale Agreements and/or applicable BA tariffs; provided, however, that in the event CTC shall fail to (a) purchase a quantity of Qualified Business Lines at least equal to the applicable Annual Volume Commitment, (b) have at least eighty percent (80%) of its Qualified Business Lines presubscribed to BA's IntraLATA Toll Service or (c) satisfy the applicable MOU Target, CTC's liability, and BA's sole claim and recourse, with respect to any such failure, shall be limited to (w) not providing to CTC the applicable discounts under this Amendment, (x) repayment of all of the discounts under this Amendment that CTC received during the period in question, together with interest on such discounts dating back to the date received from BA calculated using the Applicable Interest Rate, as well as any applicable taxes relating thereto and a handling fee equal to five percent (5%) of the amount of the discounts under this Amendment that CTC received during the period in question and (z) termination of this Amendment, to the extent applicable, in each case in accordance with the terms of this Amendment..
Limited Amendments. Except as specifically amended by this Agreement, the terms and provisions of the RRA and the Debentures remain unchanged, and are in full force and effect.
Limited Amendments. The amendments contained herein are limited precisely to their terms and shall not constitute an amendment generally or for any other purpose.
Limited Amendments. (a) The Credit Agreement is hereby amended by deleting the defined term “Escrow Agreement” set forth in Section 1.1 thereof and substituting in lieu thereof the following:
Limited Amendments. (a) DOE hereby consents to the Convertible Note Transactions and agrees, in reliance on the Borrower’s agreements in Section 1 hereof, that the provisions of the Arrangement Agreement are deemed amended solely to the limited extent necessary to permit the Borrower to consummate the Offering, execute and deliver the Indenture, the Convertible Notes, the Bond Hedge Documents, the Warrant Documents and the other documents entered into in connection with the Convertible Note Transactions and for the Borrower to perform its obligations thereunder. The consent, agreement and amendment set forth in this Section 2 shall automatically expire and be of no further force or effect at 11:59 p.m. New York time on the Prepayment Date unless the FFB Notes and all other amounts due and payable under the Loan Documents shall have been paid in full. If the notice described in Section 1(a) is delivered, any failure of the Borrower to (i) deliver the fully-executed Instruction Letter in accordance with Section 1(b) above or (ii) repay the FFB Notes and all other amounts due and payable under the Loan Documents in full on the Prepayment Date, shall constitute an Event of Default notwithstanding any grace period or requirement of notice set forth in Section 10.1 of the Arrangement Agreement.
Limited Amendments. Lender hereby consents to the Convertible Note Transactions and agrees, in reliance on Borrower’s agreement in Section 1 hereof, that the provisions of Section 7 of the Loan Agreement are deemed amended to the limited extent necessary to permit Borrower to execute and deliver the Indenture, the Convertible Notes and the other documents entered into in connection with the Convertible Note Transaction and for Borrower to perform its obligations thereunder.
Limited Amendments. (a) The Credit Agreement is hereby amended by inserting the following defined terms into Section 1.1 in appropriate alphabetical order:
