Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Credit Agreement as follows:
Modification of the Credit Agreement. On the Second Amendment Effective Date (as defined below), the Credit Agreement shall be, and hereby is, amended to incorporate the changes marked on the copy of the Credit Agreement attached hereto as Exhibit A, and Exhibit D to the Credit Agreement shall be, and hereby is, amended and restated in the form attached hereto as Exhibit B.
Modification of the Credit Agreement. The Agent, the Lenders and the Borrower hereby amend the Credit Agreement by deleting §8.7 of the Credit Agreement in its entirety, and inserting in lieu thereof the following:
Modification of the Credit Agreement. The Credit Agreement is hereby amended in the following particulars, effective as of the date hereof:
Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Existing Credit Agreement by deleting from the Existing Credit Agreement the text that is shown as a deletion or strike-through in the form of the Credit Agreement attached hereto as Exhibit “A” and made a part hereof (the “Revised Credit Agreement”), and by inserting in the Existing Credit Agreement the text shown as an insertion or underlined text in the Revised Credit Agreement, such that from and after the Effective Date (as hereinafter defined) the Credit Agreement is amended to read as set forth in the Revised Credit Agreement. Notwithstanding the foregoing, the calculation templates attached to the Borrowing Base Certificate and Compliance Certificate shall be the templates attached to the Revised Credit Agreement, regardless that those templates are not marked by deletion, strike-through, insertion or underline. From and after the Effective Date, for all purposes under the Loan Documents, the Credit Agreement shall be the Existing Credit Agreement, as amended by this Amendment.
Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Credit Agreement by deleting in its entirety the definition of "CHANGE OF CONTROL" appearing in ss.1.1 of the Credit Agreement, appearing on page 2 thereof, and inserting in lieu thereof the following definition:
Modification of the Credit Agreement. Borrower, Parent Guarantor, the Lenders and Agent do hereby modify and amend the Credit Agreement by deleting §9.6(a) of the Credit Agreement in its entirety, and inserting in lieu thereof the following new §9.6(a):
Modification of the Credit Agreement. On the First Amendment Effective Date, the Credit Agreement shall be amended to (a) delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth on the pages of the Amended Credit Agreement attached as Annex I hereto (the Credit Agreement, as amended hereby, the “Amended Credit Agreement”) and (b) replace Exhibit A thereto with the Exhibit A attached hereto as Xxxxx XX.
Modification of the Credit Agreement. Borrower, the Lenders and Agent do hereby modify and amend the Credit Agreement as follows: By deleting the figure "$2,500,000.00" appearing in the last line of the definition of "Developed Lots" appearing in §1.1 of the Credit Agreement, appearing on page 5 thereof, and inserting in lieu thereof the figure "$5,000,000.00"; By deleting in its entirety the definition of “Guarantors” appearing in §1.1 of the Credit Agreement, appearing on page 8 thereof, and inserting in lieu thereof the following definition of “Guarantors”:
Modification of the Credit Agreement. Borrowers, Administrative Agent and the Lenders do hereby modify and amend the Credit Agreement as follows: (a) By deleting in its entirety the definition of GAHR appearing in Section 1.1 of the Credit Agreement, and inserting in lieu thereof the following new definition: ““GAHR” means, (a) at all times prior to the satisfaction of the Transaction Requirements, Xxxxxxx-American Healthcare REIT III Inc., a Maryland corporation, and (b) at all times after the satisfaction of the Transaction Requirements, Xxxxxxx-American Healthcare REIT IV, Inc., a Maryland corporation.”; (b) By inserting the following new definitions in Section 1.1 of the Credit Agreement, in the appropriate alphabetical order: ““Erroneous Payment” has the meaning assigned to it in Section 14.9(a). “Erroneous Payment Deficiency Assignment” has the meaning assigned to it in Section 14.9(d). 2 US_Active\118084400\V-1 “Erroneous Payment Impacted Class” has the meaning assigned to it in Section 14.9(d). “Erroneous Payment Return Deficiency” has the meaning assigned to it in Section 14.9(d). “Erroneous Payment Subrogation Rights” has the meaning assigned to it in Section 14.9(d). “Payment Recipient” has the meaning assigned to it in Section 14.9(a). “Transaction Requirements” means, receipt and/or confirmation, as applicable, by the Administrative Agent of the following: (a) Receipt by Administrative Agent of a certification by the chief executive officer, president, chief financial officer or treasurer or controller of Parent certifying that (A) the Transaction (as defined in that certain letter dated April 22, 2021 from Trilogy RER, LLC to the Administrative Agent) has been consummated in accordance with the terms of said letter and that the resulting organizational structure of Trilogy Investors is the same as the “Post-Merger Structure” attached as Attachment I thereto, (B) that any consents, licenses or approvals required in connection with the Transaction have been obtained (except for such consents, licenses or approvals, the failure of which to obtain would not be reasonably expected to result in a Material Adverse Effect), (C) that no litigation, regulatory action or other proceeding or order (whether temporary, preliminary or permanent) of a court of competent jurisdiction has been filed or threated in writing that could reasonably be expected to prevent, restrain or enjoin the consummation of the Transaction or have a Material Adverse Effect; and (D) that no Default or Event of Defaul...
