Examples of Second Amendment in a sentence
For the avoidance of doubt, all Existing Advances under the Multicurrency Tranche in USD shall be allocated to the USD Tranche in an amount up to the Financing Commitments under the USD Tranche on the Second Amendment and Restatement Date.
The Administrative Agent (or its counsel) shall have received a certificate of an officer of the Company, certifying that the conditions set forth in Sections 2.05(3) and 2.05(5) have been satisfied on and as of the Second Amendment and Restatement Date.
This Second Amendment and all claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Second Amendment or the negotiation, execution or performance of this Second Amendment shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any signature to this Second Amendment may be delivered by facsimile, electronic mail (including pdf) or any electronic signature complying with the U.S. Federal ESIGN Act of 2022 or the New York Electronic Signature and Records Act or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes to the fullest extent permitted by applicable law.
For the avoidance of doubt, this Section 11 shall not limit or otherwise affect the rights of any Securityholder pursuant to this Second Amendment other than (i) Highbridge and (ii) Whitebox, to the extent that Whitebox shall retain its rights with respect to the Additional Appointing Person Director as provided herein.