Amendment of Term Loan Agreement. The Term Loan Agreement shall have been amended by an amendment in form and substance satisfactory to the Lenders.
Amendment of Term Loan Agreement. Effective as of the Second Amendment Effective Date (as defined below):
Amendment of Term Loan Agreement. Effective as of the Amendment Effective Date (as defined below): (a) Section 1.01 of the Term Loan Agreement is hereby amended as follows: (i) The following new defined terms shall be added in their correct alphabetical order: “Ag Acquisition” means the acquisition by the U.S. Borrower (either directly or indirectly through one or more Subsidiaries) of certain assets of Ag Seller and the concurrent acquisition by Ag Seller (either directly or indirectly through one or more Subsidiaries) of certain assets of the U.S. Borrower, in each case, pursuant to the Ag Acquisition Agreement. “Ag Acquisition Agreement” means that certain Transaction Agreement, dated as of March 31, 2017, by and between the U.S. Borrower and the Ag Seller. “Ag Closing Date” means the date of the consummation of the Ag Acquisition. “Ag Seller” means E. I. du Pont de Nemours and Company, a Delaware corporation. “Ag Transactions” means the Ag Acquisition, the execution, delivery and performance of any debt documents (including amendments) entered into in connection therewith and the borrowings of the loans contemplated thereunder, the use of the proceeds thereof, the payment of fees and expenses incurred in connection with the Ag Acquisition and the other transactions contemplated by or related to the foregoing. “Ag Seller Acquired Assets” means certain assets of Ag Seller to be acquired by the Company (either directly or indirectly through one or more Subsidiaries) from Ag Seller pursuant to the Ag Acquisition Agreement. (ii) Clause (i) of the defined term “Customary Permitted Liens” is hereby amended by deleting “tangible” therefrom. (b) Section 6.01(a) of the Term Loan Agreement is hereby amended by (i) adding the following words at the beginning thereof: “Subject to the immediately succeeding sentence,” and (ii) adding the following at the end thereof: If the Ag Closing Date occurs, the U.S. Borrower shall maintain, on the last day of each Fiscal Quarter ending on or following the Ag Closing Date, a Leverage
Amendment of Term Loan Agreement. Effective as of the Amendment Effective Date, Section 6.01(a) of the Term Loan Agreement is hereby amended and restated in its entirety as follows: The U.S. Borrower shall maintain, on the last day of each Fiscal Quarter ending on or following the Closing Date, a Leverage Ratio of not more than the applicable level set forth below adjacent to such Fiscal Quarter: Fiscal Quarter Maximum Leverage Ratio June 30, 2015 4.50 to 1.00 September 30, 2015 4.50 to 1.00 December 31, 2015 4.50 to 1.00 March 31, 2016 4.25 to 1.00 June 30, 2016 4.25 to 1.00 September 30, 2016 4.00 to 1.00 December 31, 2016 3.75 to 1.00 March 31, 2017 3.75 to 1.00 June 30, 2017 3.75 to 1.00 September 30, 2017 and thereafter 3.50 to 1.00
Amendment of Term Loan Agreement. Effective as of the Amendment Effective Date (as defined below): (a) Section 1.01 of the Term Loan Agreement is hereby amended to add the following new defined term in its correct alphabetical order: “Permitted Separation Transactions” means the FMC Lithium Assets Contribution, the Lithium Spinco Contribution, the Lithium IPO and the Livent Revolving Credit Facility and any ancillary or related transactions contemplated thereby. As used WEIL:\96703271\4\35899.0596
Amendment of Term Loan Agreement. The Borrower, the Guarantors and the note holders party to the Term Loan Agreement shall have entered into an amendment to the Term Loan Agreement providing for amendments to the terms thereof consistent with the amendments to the Credit Agreement provided for herein (it being understood that such amendment to the Term Loan Agreement contains additional amendments, such as providing for the issuance of the Series C Notes and the Series D Notes); such amendment shall be in form and substance reasonably acceptable to the Banks and shall be in full force and effect; and each Bank shall have received a true and correct copy thereof.
Amendment of Term Loan Agreement. It is the intent of the parties that the terms and conditions of the Loan Agreement shall be consistent with those contained in that certain Loan Agreement dated as of March 12, 1999, as amended from time to time, governing the terms and conditions of that certain Term Loan made by Lender to Borrower in the original principal amount of $19,000,000, dated of even date therewith (the “$19,000,000 Term Loan Agreement”). To the extent of any inconsistencies between the Loan Agreement, as amended by this Amendment, and the $19,000,000 Term Loan Agreement, the terms and conditions of the Loan Agreement, as amended by this Amendment, shall prevail, and the $19,000,000 Term Loan Agreement shall be deemed amended to be consistent with the Loan Agreement. In Witness Whereof the Parties have executed this Amendment under seal as of the date first set forth above. BORROWER: ALICO, Inc.(Seal) By: /s/ Xxx X. Xxxxxx Xxx X. Xxxxxx, Chief Executive Officer LENDER: FARM CREDIT OF SOUTHWEST FLORIDA, ACA for itself and as agent/nominee for other lending institutions having an interest, direct or indirect, in the Loan from time to time By: /s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx, Vice President GUARANTORS: By signing below, each Guarantor hereby agrees to and consents to the amendments set forth in this Amendment, reaffirms its existing Guaranty Agreement and agrees that its Guaranty Agreement shall continue to secure the RLOC as amended by this Amendment, and the Term Loan. XXXXX BROTHERS FRUIT, LLC By: ALICO, Inc., sole member By: /s/ Xxx X. Xxxxxx (Seal) Xxx X. Xxxxxx, Chief Executive Officer ALICO- AGRI, LTD. By: ALICO, Inc., general partner By: /s/ Xxx X. Xxxxxx (Seal) Xxx X. Xxxxxx, Chief Executive Officer ALICO LAND DEVELOPMENT, INC. (f/k/a SADDLEBAG LAKE RESORTS, INC.) By: /s/ Xxx X. Xxxxxx (Seal) Xxx X. Xxxxxx, Chief Executive Officer
Amendment of Term Loan Agreement. Effective as of the Amendment Effective Date (as defined below): (a) Section 1.01 of the Term Loan Agreement is hereby amended to add the following new defined term in its correct alphabetical order: “Permitted Separation Transactions” means the FMC Lithium Assets Contribution, the Lithium Spinco Contribution, the Lithium IPO and the Livent Revolving Credit Facility and any ancillary or related transactions contemplated thereby. As used herein, the terms (i) “FMC Lithium Assets Contribution” shall mean the direct or indirect transfer (in one or more transactions) by FMC and its subsidiaries to FMC Lithium USA WEIL:\96703291\4\35899.0596
Amendment of Term Loan Agreement. The Administrative Agent shall receive evidence satisfactory to it that the maturity date under the Term Loan Agreement has been extended to a date not earlier than the Revolving Credit Termination Date and that the provisions of the Term Loan Agreement have been modified to conform to the provisions of this Agreement as required by Administrative Agent.
Amendment of Term Loan Agreement. Administrative Agent shall have received a First Amendment to Term Loan Agreement executed by Holdings, Company, Requisite Lenders under the Term Loan Agreement and BNP Paribas, as administrative agent, in form and substance satisfactory to Administrative Agent, which amendment shall be in form substantially similar to this Amendment.
