THE AMENDMENT AGREEMENT Sample Clauses
THE AMENDMENT AGREEMENT. On 27 September 2017, the Company, the Chargor and the Subscriber entered into an amendment agreement (the “Amendment Agreement”) to amend the collateral coverage ratio applicable to the Chargor’s security top-up event. It was agreed that the collateral coverage ratio should be calculated by reference to the last traded price of the Trading Day instead of a 30-Trading-Day average last traded price. Pursuant to the Amendment Agreement, the Subscription Agreement was amended to the effect that, for so long as any Note remains outstanding, if the result of (A) the multiple of (i) the number of the Charged Shares and (ii) the last traded price per Share on such Trading Day divided by (B) the aggregate principal amount of the Notes falls below 2.0, the Chargor will, within the next 3 Business Days, charge additional Shares which it beneficially owns to the Securities Account so that such collateral coverage ratio will increase to no less than 2.5. For the avoidance of doubt, the collateral coverage ratio applicable to the conditions precedent of the Closing remains unchanged. Save as disclosed above, there are no other changes to the terms of the Subscription Agreement and all the terms and conditions of the Subscription Agreement remain unchanged and in full force and effect. The terms of the Amendment Agreement were arrived at after arm’s length negotiations among the parties thereto, and the Directors believe that the terms of the Amendment Agreement are fair and reasonable and are in the interest of the Company and the Shareholders as a whole.
THE AMENDMENT AGREEMENT. The key amendments to the Share Subscription Agreement pursuant to the Amendment Agreement are set out below: Second Closings and Second Closing Shares: Pursuant to the Amendment Agreement, the arrangement of the Second Closings and the sale and issuance of the Second Closing Shares shall be amended and conducted in the following manner: (i) For a total purchase price of US$77,029,412 (the “Second Closing Purchase Price”), the Company agrees to subscribe for and purchase, and MC Mining agrees to issue and sell to the Company, certain number of ordinary shares of MC Mining (the “Second Closing Shares”) in instalments at the Second Closings, to ensure that the Company (including its designee) will hold 51.00% of the ordinary shares of MC Mining on a fully diluted basis upon completion of the last tranche of the Second Closings (the “Final Second Closing”), regardless of how many shares MC Mining has issued prior to the Final Second Closing.
THE AMENDMENT AGREEMENT. On 12 December 2006, the Company and the Adviser entered into the Amendment Agreement.
THE AMENDMENT AGREEMENT. The underlying agreement was approved in Docket 01-0063. This Amendment Agreement shall be coterminous with the underlying agreement. The Amendment Agreement sets rates for reciprocal compensation and establishes minimum points of interconnection and trunk engineering guidelines that Pae Tec must achieve and maintain to qualify for those rates. Under the Amendment Agreement, Pae Tec also waives certain Section 252(i) MFN rights.
THE AMENDMENT AGREEMENT. The Board announces that the parties to the Agreement have entered into an amendment agreement (the “Amendment Agreement”) on 22 October 2008 to vary certain terms and conditions of the Agreement. The principal variations are as set out below:
THE AMENDMENT AGREEMENT. Parties: the Company and Sichuan Provincial Investment Group. Date: 11 June 2010 The parties agree to amend the following terms of the joint venture agreement and all other terms and conditions shall remain effective: