Modification of Financial Covenants. The financial covenants set forth in Section 6.15 of the Loan Agreement shall be replaced with the following:
Modification of Financial Covenants. To reflect the agreement of the parties to the modification of certain of the financial covenants set forth in the Credit Agreement, effective as of the Effective Date:
Modification of Financial Covenants. To reflect the agreement of the Lender and the Borrower to modify certain of the financial covenants set forth in the Credit Agreement, Paragraph 6(o) of the Credit Agreement is hereby amended as follows:
Modification of Financial Covenants. Loan Agreement Section 3.10.1 and 3.10.2 shall be deleted in their entirety and the following substituted therefore:
Modification of Financial Covenants. As of the date of this Amendment, Section 9(b) of the Loan ------------ Agreement is hereby amended and restated as follows:
Modification of Financial Covenants. Section 10.1 of the Credit Agreement is hereby deleted in its entirety and the covenants set forth, as of November 4, 2013, in Section 8.02, Section 8.05, Section 8.06 and Section 8.14 of the Credit Agreement dated as of February 14, 2013, by and among ARCOP, TIGER ACQUISITION, LLC, a Delaware limited liability company, AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation, the lenders party hereto, and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, as amended by (i) the First Amendment dated as of Xxxxx 00, 0000, (xx) the Augmenting Lender and Increasing Lender Supplement and Incremental Amendment dated as of Xxxxx 00, 0000, (xxx) the Third Amendment dated as of May 28, 2013, (iv) the Fourth Amendment dated as of July 22, 2013, (v) the Augmenting Lender and Increasing Lender Supplement and Incremental Amendment dated as of August 1, 2013 and (vi) the Sixth Amendment to Credit Agreement dated as of November 4, 2013 (as amended, the “ARC Credit Agreement”), and all applicable definitions therein, are hereby incorporated by reference into the Credit Agreement, which incorporation shall survive any subsequent termination of the ARC Credit Agreement for any reason. In the event that any such covenants (or applicable definitions) set forth in the ARC Credit Agreement are modified or amended with the consent of Administrative Agent (in its capacity as a “Lender” under such ARC Credit Agreement”) then such amendments or modifications shall automatically and without further action be deemed incorporated herein (and any modifications or amendments made without the consent of Administrative Agent shall not be incorporated herein).
Modification of Financial Covenants. If Borrowers make any sales or acquisitions of MRR permitted hereunder, Borrowers and Lender agree to negotiate in good faith to establish new Financial Covenants to appropriately reflect the effect of such permitted sales and/or acquisitions of MRR. If Borrowers and Lender cannot so agree, then the Financial Covenants shall remain as set forth herein.
Modification of Financial Covenants. The following subsections of Section 5.03 of the Credit Agreement are hereby amended to read as follows:
Modification of Financial Covenants. To reflect the agreement of the parties hereto to modify certain of the financial covenants set forth in the Credit Agreement, effective as of the Effective Date:
Modification of Financial Covenants. For purposes of determining compliance with the financial covenants applicable to Borrower set forth in Sections 6.7, 6.8 and 6.9 of the Loan Agreement, the $11,000,000 one-time non-cash charge taken by Borrower for "Research and Development in Process" associated with the Bit 3 Acquisition, as reflected in Borrower's second quarter 1997 financial statements submitted to Lender, shall not be taken into account in the calculation of such covenants for the applicable quarter and 1997 fiscal year periods. No exclusions or waivers for additional charges or for other periods shall be inferred or permitted from the foregoing.
