Examples of Amendment No. 4 Consent in a sentence
Amendment No. 4, Consent and Waiver has been duly executed and delivered by the Borrower and each such Guarantor and is a legal, valid and binding obligation of each Loan Party that is a party thereto, enforceable against such Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally.
Section headings in this Amendment No. 4, Consent and Waiver are included herein for convenience and reference only and shall not constitute a part of this Amendment No. 4, Consent and Waiver for any other purpose.
Reference is made to the Amended and Restated Credit Agreement, dated as of December 14, 1993 among the Borrower, the Administrative Agent, the Managing Agents, the Co-Agents and the Banks, as amended by Amendment No. 1, dated as of June 13, 1994, Amendment No. 2, dated as of December 14, 1994, Amendment No. 3 and Waiver, dated as of March 3, 1995, Amendment No. 4, Consent and Waiver, dated as of April 1, 1995 and Amendment No. 5 dated as of March 29, 1996 (as so amended, the "Credit Agreement").
Xxxxx Title: Vice President and Managing Director Exhibit A to Amendment No. 4, Consent and Waiver to and under Credit Agreement Acknowledgement And Consent To: Citicorp USA, Inc., as Administrative Agent 300 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Jxxxx X.
This Amendment No. 4, Consent and Waiver shall become effective as of the date first written above (the "Effective Date") on the first date on which this Amendment No. 4, Consent and Waiver shall have been duly executed and delivered by the Borrower, the Guarantors and the Required Banks.
This Amendment No. 4, Consent and Waiver shall be construed in accordance with and governed by the substantive law of the State of New York.
The Company has requested that the Lenders amend the Credit Agreement and consent to a waiver under the Credit Agreement on the terms described in Amendment No. 4, Consent and Waiver to and under Credit Agreement (the “Amendment”), the form of which is attached hereto.
The Credit Agreement as amended by this Amendment No. 4, Consent and Waiver, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed.
Upon and after the Effective Date (as defined in Section 6 hereof), the Banks shall waive any Default arising prior to the Effective Date as a result of the Borrower's failure to comply with Section 4.15 of the Credit Agreement to the extent that such Default would not have arisen had this Amendment No. 4, Consent and Waiver been in effect on April 1, 1995.
Reference is made to the Amended and Restated Credit Agreement, dated as of December 14, 1993 among the Borrower, the Administrative Agent, the Managing Agents, the Co-Agents and the Banks, as amended by Amendment No. 1, dated as of June 13, 1994, Amendment No. 2, dated as of December 14, 1994, Amendment No. 3 and Waiver, dated as of March 3, 1995 and Amendment No. 4, Consent and Waiver, dated as of April 1, 1995 (as so amended, the "Credit Agreement").