Sixth Amendment. This Sixth Amendment, duly executed by the Borrower, the Credit Agent and the Lenders;
Sixth Amendment. The Administrative Agent shall have received from the Borrower, each other Obligor, each Lender and the Issuing Bank counterparts (in such number as may be requested by the Administrative Agent) of this Amendment signed on behalf of such Persons. LEGAL_US_W # 104976239.6
Sixth Amendment. The Administrative Agent shall have received this Sixth Amendment executed and delivered by the Administrative Agent, the Borrower, the Lenders party to the Credit Agreement constituting the “Required Lenders” thereunder and each Lender which has a Revolving Credit Commitment (or, in the case of any Lender, a lender addendum or joinder agreement in a form specified by the Administrative Agent).
Sixth Amendment. This Sixth Amendment duly executed and delivered by each of the Borrowers, the Lenders, and the Administrative Agent.
Sixth Amendment. This Sixth Amendment shall have been duly executed and delivered to the Agent by each of the Loan Party Obligors, the Lenders and the Agent.
Sixth Amendment. EQUITY INJECTION A new section called “ SIXTH AMENDMENT EQUITY INJECTION” shall be added to the Loan Agreement with the following terms: “The Borrowers and Holdings shall cause BBX Capital, Inc. (“BBX”) to make a further equity injection into the Borrowers or Holdings in an aggregate amount of not less than USD $1,250,000 (the “Sixth Amendment Equity Injection”). The Sixth Amendment Equity Injection may be made by way of (i) one or more subscriptions by BBX Capital, Inc. for additional equity interests of the Borrowers or Holdings provided such equity interests are added to and pledged to the Bank under the BBX Pledge Agreement, or (ii) one or more additional postponed and subordinated unsecured shareholder loans made by BBX Capital, Inc. to the Borrowers or Holdings (collectively, the “Sixth Amendment Subordinated Shareholder Loans”) provided that (x) each such loan is made on terms satisfactory to and approved by the Bank in its sole discretion including that each such loan has no scheduled principal payments, permits only payment in kind interest (“PIK Interest”) unless expressly allowed under the Negative Covenant relating to Distributions set out below or the Bank agrees otherwise, and has a maturity date no earlier than six (6) months after the Maturity Date of the Credit Facilities under the Original Agreement, (y) each such loan is only advanced pursuant to the terms of an Approved Sixth Amendment Promissory Note (as hereinafter defined), and (z) BBX Capital acknowledges to the Bank all present and future Sixth Amendment Subordinated Shareholder Loans are subject to the A+R BBX Subordination Agreement (as defined in the Fifth Amendment). The A+R BBX Subordination Agreement shall continue to form part of the Bank Security (as defined in the Loan Agreement). The proceeds of the Sixth Amendment Equity Injection shall be injected on or before the closing of the Sixth Amendment, and applied as a partial repayment of the outstanding principal amount of Facility 2 as a permanent reduction of such term loan and the Credit Limit of Facility 2. For clarity, the Sixth Amendment Equity Injection shall be an amount in addition to the USD$5,000,000 Equity Injection under the Original Agreement, the USD$10,000,000 Second Amendment Equity Injection, the Supplier Settlement Equity Injection provided under the Second Amendment, the USD$13,500,000 Third Amendment Equity Injection provided under the Third Amendment, and the USD $8,000,000 Fifth Amendment Equity Inject...
Sixth Amendment. Number (vii) of letter (c) of Clause Four shall be replaced in its entirety with the following provision:
Sixth Amendment. The Base Indenture is hereby amended solely with respect to any and all New Securities by replacing the first paragraph of Section 1104 with the following: Notice of redemption shall be given by mail or electronically delivered (or otherwise transmitted in accordance with the Depositary’s procedures) not less than 10 nor more than 60 days prior to the Redemption Date, to each Holder of Securities to be redeemed, at his address appearing in the Security Register.
Sixth Amendment. The Agent shall have received the Sixth Amendment, executed and delivered by the Agent, Cadiz and CRE, each of the Lenders having Tranche D Term Commitment, and the Required Lenders.
Sixth Amendment. Sixth Amendment" means that agreement entitled "Sixth Amendment to Amended and Restated Credit Agreement" between the Company and the Bank dated January 11, 1996. All other terms defined in the Original Agreement and used in this Sixth Amendment shall have their respective meanings stated in the Agreement.
