Bank Amendment definition
Examples of Bank Amendment in a sentence
Except for an amendment fee payable to each lender under the Bank Credit Agreement equal to 0.05% of the commitment of such lender under the Bank Credit Agreement, no consideration or remuneration has been paid or will be paid to any agent or any lender under the Bank Credit Agreement as an inducement to enter into the Bank Amendment (as defined below).
This Amendment shall become effective as of the date (the “Effective Date”) upon which this Amendment has been executed and delivered by each party hereto concurrently with the effectiveness of the Bank Amendment and the Note Amendment.
The Noteholders acknowledge and consent to the execution, delivery and performance by the Company and the Guarantor of the Bank Amendment.
In accordance with Section 10.5(d) of the Intercreditor Agreement, each of the Current Noteholders hereby consents to the amendments set forth in the Bank Amendment attached hereto as Exhibit B.
As promptly ----------------------- as practicable after the execution of this Agreement, the Company shall negotiate in good faith with First Union the terms of the Required Bank Amendment.
The Company hereby certifies that (a) no Default or Event of Default under any Note Purchase Agreement will exist upon giving effect to this letter amendment and the Bank Amendment, and (b) the Bank Group is not receiving any remuneration for the Bank Amendment.
Pending resolution of such dispute, the Parties shall continue to diligently observe the terms and provisions of this Agreement without an increase in fees or charges payable to Bank by Company, if any, related to such Material Bank Amendment.
If any Bank Amendment results in a material increase in fees or charges payable to Bank by Company, or is otherwise material and adverse to Company as reasonably determined by Bank (collectively, a “Material Bank Amendment”), the notice of Bank Amendment sent by Bank to Company shall so specify.
The Company shall (a) consult with the Purchaser with respect to the terms and conditions of the Required Bank Amendment and (b) afford the Purchaser and its representatives the reasonable opportunity to participate in all negotiations relating to the Required Bank Amendment and the restructuring of the financing contemplated thereby.
In the event of a Material Bank Amendment to which Company objects, Company shall provide a written notice of objection to Bank (an “Objection Notice”) within thirty (30) days after Company’s receipt of written notice of such Material Bank Amendment from Bank.