Amendment to Guaranty Agreement. Effective on the date hereof, the Guaranty Agreement is hereby amended as follows:
Amendment to Guaranty Agreement. Effective as of the First Amendment Effective Date, a new Section 4.15 is hereby added to the Guaranty Agreement immediately following Section 4.14 thereof, which Section 4.15 shall read in full as follows:
Amendment to Guaranty Agreement. The Guaranty Agreement is hereby amended as set forth in this Section 3.
Amendment to Guaranty Agreement. Mr. Xxxxxxxxx xxall deliver concurrently with his execution of this Third Amendment an executed copy of the Second Amended and Restated Guaranty Agreement attached hereto as Exhibit B which acknowledges and agrees to the changes in the value of the Prebate and the terms of the repayment of the Prebate.
Amendment to Guaranty Agreement. 3.1 Amendment to Section 3.01 of the Guaranty Agreement. Section 3.01 of the Guaranty Agreement is hereby amended by deleting everything after item (15) therein and replacing it with the following: “Notwithstanding the foregoing or any other provision of this Agreement or any other Loan Document, in no event shall the Collateral include, and no Grantor shall be deemed to have granted a security interest in, any of such Grantor’s rights or interests in or under: 4 (a) any license, contract, permit, or franchise to which such Grantor is a party or any of its rights or interests thereunder are bound to the extent, but only to the extent, that such a grant would, under the terms of such license, contract, permit, or franchise, result in a breach of the terms of, or constitute a default under, such license, contract, permit, or franchise (other than to the extent that any such term would be rendered ineffective pursuant to the UCC or any other applicable law (including title 11 of the United States Code (11 USC §§ 101 - 1330) or principles of equity); provided, that immediately upon the ineffectiveness, lapse or termination of any such provision the Collateral shall include, and such Grantor shall be deemed to have granted a security interest in, all such rights and interests as if such provision had never been in effect (in the event that any asset of any Grantor is excluded from the Collateral by virtue of the foregoing, such Grantor agrees to use reasonable efforts to obtain all requisite consents to enable such Grantor to provide a security interest in such asset pursuant hereto as promptly as practicable); (b) any Equity Interest in an Unrestricted Subsidiary; or (c) any Qualified Midstream Assets. For purposes of this Agreement, the term “Issuer” shall not include any Unrestricted Subsidiary, and the term “Pledged Securities” shall not include Equity Interests in an Unrestricted Subsidiary or any Property of the types described in the definition of the term “Pledged Securities” to the extent related to or arising out of Equity Interests in an Unrestricted Subsidiary. The limitations set forth in the preceding sentence shall become effective immediately upon the designation of a Restricted Subsidiary as an Unrestricted Subsidiary in compliance with the Credit Agreement, and shall continue so long as such Subsidiary continues to constitute an Unrestricted Subsidiary.” Section 4.
Amendment to Guaranty Agreement. Section 2.01 In reliance on the representations, warranties, covenants and agreements contained in this Amendment, and subject to the satisfaction of the conditions precedent set forth in ARTICLE IV hereof, Section 3.01 of the Guaranty Agreement is hereby amended by adding the following paragraph as a new paragraph at the end thereof:
Amendment to Guaranty Agreement. Guarantor by execution hereof acknowledges and agrees that the Guaranty Agreement is hereby amended to evidence that all references therein to "$50,000,000" shall now mean and read "$75,000,000". Guarantor further agrees that the Guaranty Agreement is hereby amended to evidence that the defined term "Obligations" shall additionally include all obligations of Borrower under the Amendment One to Agented Revolving Credit Agreement and the Amended Notes executed in conjunction therewith, all dated November 14, 2003.
Amendment to Guaranty Agreement. All references in the ------------------------------- Guaranty Agreement to AGT shall be deemed to be and hereby are amended to be references to AGT and New AGT. Xx. Xxxxxxxxx shall deliver on or before the Effective Date an executed copy of the Amended and Restated Guaranty Agreement attached hereto as Exhibit C.
Amendment to Guaranty Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 8 hereof, the parties hereto hereby agree that the Guaranty Agreement is hereby amended by adding the following new paragraph to the end of Section 2.1 of the Guaranty Agreement to read as follows: “Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor to honor all of its obligations under this Guaranty in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.1 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.1 or otherwise under this Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 2.1 shall remain in full force and effect until all the Guaranteed Obligations are paid in full and the Commitments are terminated. Each Qualified ECP Guarantor intends that this Section 2.1 constitute, and this Section 2.1 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”
Amendment to Guaranty Agreement. Schedules 1 through 5 of the Guaranty Agreement are hereby amended by deleting such Schedules in their entirety and replacing them with the attached Schedules 1 through 5.
