Amendment Number Five definition

Amendment Number Five means that certain Amendment Number Five to Loan and Security Agreement, dated as of the Fifth Amendment Effective Date, by and among, among others, the Loan Parties, the Agent and the Lenders party thereto.

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Amendment Number Five is defined in the preamble.

Amendment Number Five constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersedes and take the place of any other instrument purporting to be an agreement of the parties hereto relating to the transaction hereby. This Amendment Number Five may not be changed orally, but only by an agreement in writing signed by a duly authorized officer of the Banks and Agent or by the Borrower, to the extent any such parties are to be bound thereby.

Examples of Amendment Number Five in a sentence

This Amendment Number Five may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument.
Reference to this Amendment Number Five need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby.
This Amendment Number Five shall be binding and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Seller agrees to pay to Buyer all reasonable out of pocket costs and expenses incurred by Buyer in connection with this Amendment Number Five (including all reasonable fees and out of pocket costs and expenses of the Buyer’s legal counsel) in accordance with Sections 23 and 25 of the Agreement.
Except as expressly amended and modified by this Amendment Number Five, the Agreement shall continue in full force and effect in accordance with its terms.
The proceeds of the 2023 Term Loan provided on the Fifth Amendment Effective Date, shall be used solely for (i) general corporate purposes, funding working capital and liquidity needs and (ii) certain fees and expenses associated with Amendment Number Five, in all cases, subject to the terms of this Agreement.
Seller, Buyer and Agent have caused this Amendment Number Five to be executed and delivered by their duly authorized officers as of the Amendment Effective Date.
The amount of the requested 2023 Term Loan on the Fifth Amendment Effective Date shall be $50,000,000 (net of any Lender Expenses to be paid in accordance with Amendment Number Five).
Upon satisfaction and/or waiver of the conditions set forth in Section 3 of Amendment Number Five, each Lender with a Term Loan Commitment applicable to the 2023 Term Loan agrees, severally and not jointly, to fund its Pro Rata Percentage of the 2023 Term Loan to the Borrower to such account specified in the Notice of Borrowing.
Seller and Buyer have caused this Amendment Number Five to be executed and delivered by their duly authorized officers as of the Amendment Effective Date.

More Definitions of Amendment Number Five

Amendment Number Five means that Fifth Amendment to the Loan Agreement.

Amendment Number Five to the Plan, at Paragraph 10, amended Section 13.02 of the Plan. Such amendment was to be effective January 1, 2000. This Amendment Number Nine, however, hereby repeals Paragraph 10 of Amendment Number Five, thus reinstating the old Section 13.

Amendment Number Five means that certain Amendment Number Five to Loan Agreement dated as of November 13, 1997, between Foothill, T&C, Group, LGI, and Balfour, including all exhibits thereto.

Amendment Number Five means that certain Amendment Number Five to County Agreement Number 77676, dated as of the date of approval by County’s Board of Supervisors, by and between County and Contractor.”

Amendment Number Five is dated as of April 5, 2002 and is to the Credit Agreement among Hardinge Inc., the Banks signatory thereto and The Chase Manhattan Bank (National Association) (now JPMorgan Chase Bank) as Agent, dated as of February 28, 1996 and amended by Amendment Number One dated as of August 1, 1997, Amendment Number Two dated as of December 11, 2000, Amendment Number Three dated as of February 5, 2001 and Amendment Number Four dated as of September 20, 2001 (as amended, the "Agreement"). Terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. The Borrower has requested, and upon the terms and conditions set forth herein the Banks have agreed, to certain modifications to the Agreement. For good and valuable consideration, receipt of which is hereby severally acknowledged, the parties agree as follows: