NPA Amendment definition
Examples of NPA Amendment in a sentence
Such Purchaser shall have received a fully executed copy of each of the 2011 Note Purchase Agreement and the 2011 NPA Amendment, accompanied by an Officer’s Certificate certifying that such copies are true, correct and complete copies thereof and that the 2011 Note Purchase Agreement is in full force and effect (it being understood that the effectiveness of the 2011 NPA Amendment shall be subject to the satisfaction or waiver of the conditions precedent set forth therein).
The Holders shall have received a fully executed copy of a “Third Amendment to Note Purchase Agreement dated as of May 11, 2010” (the “2010 NPA Amendment”), in respect of the 2010 Note Agreement, and otherwise in form and substance satisfactory to the Parties, and the 2010 NPA Amendment shall have been duly executed and delivered by the parties thereto and shall be in full force and effect.
Subject to the terms and conditions set forth herein, the Agent and the Lenders hereby consent to the execution and delivery by the Borrower of the 2003 NPA Amendment.
The Holders shall have received a fully executed copy of a “Second Amendment Agreement to Note Purchase Agreements dated as of May 11, 2010” (the “2010 NPA Amendment Agreement”), substantially similar to this Agreement, in respect of the 2010 Note Agreements, and otherwise in form and substance satisfactory to the Parties, and the 2010 NPA Amendment Agreement shall have been duly executed and delivered by the parties thereto and shall be in full force and effect.
The Holders shall have received a fully executed copy of a “Third Amendment to Note Purchase Agreement dated as of October 18, 2012” (the “2012 NPA Amendment”), in respect of the 2012 Note Agreement, and otherwise in form and substance satisfactory to the Parties, and the 2012 NPA Amendment shall have been duly executed and delivered by the parties thereto and shall be in full force and effect.
Bank shall have received a fully executed copy of the Fifth NPA Amendment, duly executed by the parties party thereto.
Agent hereby consents to the execution of the NPA Amendment; provided, that this is a limited consent and shall not be deemed to constitute a consent of any other departure from the terms of the Subordination Agreement.
In addition to the note to be executed and delivered under Section 12 of this Amendment, the Trustee is authorized to authenticate and deliver new or replacement Series 2008-A Notes to the Purchasers in connection with the transfers occurring under the August 2013 NPA Amendment and in accordance with the schedule and written instructions received from the Issuer.
After giving effect to the release of the Collateral contemplated by Section 4 of the First NPA Amendment and the payment in full of all Indebtedness under the Existing Credit Agreement (as defined below) on or prior to the Second Amendment Effective Date, there are no Liens securing all or any portion of any Indebtedness of the Company or any of its Subsidiaries, other than Permitted Liens (as defined in the Note Purchase Agreement).
The Holders shall have received a fully executed copy of a “Second Amendment Agreement to Note Purchase Agreements dated as of October 18, 2012” (the “2012 NPA Amendment Agreement”), substantially similar to this Agreement, in respect of the 2012 Note Agreements, and otherwise in form and substance satisfactory to the Parties, and the 2012 NPA Amendment Agreement shall have been duly executed and delivered by the parties thereto and shall be in full force and effect.