Amendment to Section 5.2 Sample Clauses

Amendment to Section 5.2. (a) Subsection 5.2(e) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
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Amendment to Section 5.2. Section 5.2 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
Amendment to Section 5.2. Section 5.2(k) of the Agreement is hereby amended in its entirety and replaced to read as follows:
Amendment to Section 5.2. Section 5.2 of the Rights Agreement is hereby amended by adding the following sentence to the end of Section 5.2: “For the avoidance of doubt, this Agreement shall expire immediately prior to the Effective Time of the Merger in accordance with the terms of the Merger Agreement.”
Amendment to Section 5.2. Section 5.2 of the LLC Agreement is hereby amended by added the following phrase to the end of the introductory sentence thereof: “, subject to the rights of the holders of Class C Units set forth in Section 3 of Exhibit C attached hereto and the rights of holders of any other class of series of Units hereafter created and issued by the Manager
Amendment to Section 5.2. Section 5.2 of the Credit Agreement is hereby amended by (a) inserting “; provided, that for the purposes of this Section 5.2(d), Consolidated Cash Balance shall not be deemed to include any Net Cash Proceeds that will be repaid pursuant to Sections 5.2(e) through (h) hereof” after “then-outstanding Swingline Loans plus Revolving Loansat the end of Subsection 5.2(d), (b) inserting “(other than (i) Dispositions valued in good faith by the Borrower at less than $1,000,000 individually or $10,000,000 in the aggregate for any fiscal year of the Borrower and (ii) cash received for costs and expenses incurred in the conduct of exploration and development operations in connection with Exploration and Development Dispositions),” after the first instance of “Disposition” in Subsection 5.2(f), (c) replacing “Section 11.1(bb)” with “Section 11.1(aa)” in Subsection 5.2(g), (d) deleting the phrase “less any Net Cash Proceeds used or reserved by a written notice to the Administrative Agent for a use permitted by Section 11.7(d)(iii) (provided that to the extent the Borrower determines that such reserved Net Cash Proceeds will or cannot thereafter be used as permitted by Section 11.7(d)(iii), then the Borrower shall prepay the Term Loans by the amount of unused Net Cash Proceeds)” in Subsection 5.2(g) and (e) amending and restating clause (e) as follows and inserting the following clause (h) after clause (g) thereof and re-lettering the subsequent clauses accordingly:
Amendment to Section 5.2. Section 5.2 of the Credit Agreement is hereby amended by adding the following Subsection 5.2(d) after the current Subsection 5.2(c) and renumbering the current Subsections 5.2(d) and 5.2(e) as, respectively, Subsections 5.2(e) and 5.2(f):
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Amendment to Section 5.2. Section 5.2 of the Agreement is hereby deleted in its entirety and replaced as follows:
Amendment to Section 5.2. Section 5.2 of the Loan Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 5.2. Section 5.2 of the Merger Agreement shall be amended, restated and replaced in its entirety with the following: "Conduct of Business by OrangeHook. From the date of this Agreement to the Effective Date, unless Nuvel shall otherwise agree in writing, or except as otherwise expressly contemplated or permitted by other provisions of this Agreement, OrangeHook shall not, directly or indirectly, (a) amend its Articles of Incorporation or Bylaws, other than to increase the number of authorized share of Series A-1 Preferred Stock to no more than 5,000 shares, (b) split, combine or reclassify any outstanding shares of capital stock of OrangeHook, (c) declare, set aside, make or pay any dividend or distribution in cash, stock, property or otherwise with respect to the capital stock of OrangeHook, (d) default in its obligations under any material debt, contract or commitment which default results in the acceleration of obligations due thereunder, except for such defaults arising out of OrangeHook's entry into this Agreement for which consents, waivers or modifications are required to be obtained, or such defaults that will be remedied by entry into the Note Amendments or other extensions of applicable maturity dates in any other notes, (e) conduct its business other than in the ordinary course on an arms-length basis and in accordance in all material respects with all applicable laws, rules and regulations and OrangeHook's past custom and practice; provided, however, for the avoidance of doubt, OrangeHook may: (i) payoff some or all of any outstanding indebtedness, (ii) issue additional indebtedness in an amount up to $2,100,000,and (iii) enter into new employment agreements or amend existing employment agreements, (f) issue or sell any additional shares of, or options, warrants, conversions, privileges or rights of any kind to acquire any shares of, any of its capital stock, except (i) the issuance of up to 1,150,000 shares of OrangeHook Common Stock (or other instruments convertible or exercisable into or representing the right to receive shares of OrangeHook Common Stock), (ii) in connection with exercise or conversion of OrangeHook options or warrants outstanding on the date of this Agreement, or pursuant to contractual obligations to issue shares of capital stock, options or warrants that are outstanding on the date of this Agreement or may become outstanding pre-Closing as set forth herein, (iii) issuance of warrants required pursuant to the Note Amendment in ...
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