Sixth Amendment. This Sixth Amendment, duly executed by the Borrower, the Credit Agent and the Lenders;
Sixth Amendment. The Administrative Agent shall have received multiple counterparts as requested of this Sixth Amendment from the Borrower, each other Obligor and each Lender.
Sixth Amendment. This Sixth Amendment duly executed and delivered by each of the Borrowers, the Lenders, and the Administrative Agent.
Sixth Amendment. The Administrative Agent shall have received this Sixth Amendment executed and delivered by the Administrative Agent, the Borrower, the Lenders party to the Credit Agreement constituting the “Required Lenders” thereunder and each Lender which has a Revolving Credit Commitment (or, in the case of any Lender, a lender addendum or joinder agreement in a form specified by the Administrative Agent).
Sixth Amendment. Number (vii) of letter (c) of Clause Four shall be replaced in its entirety with the following provision:
Sixth Amendment. EQUITY INJECTION A new section called “ SIXTH AMENDMENT EQUITY INJECTION” shall be added to the Loan Agreement with the following terms: “The Borrowers and Holdings shall cause BBX Capital, Inc. (“BBX”) to make a further equity injection into the Borrowers or Holdings in an aggregate amount of not less than USD $1,250,000 (the “Sixth Amendment Equity Injection”). The Sixth Amendment Equity Injection may be made by way of (i) one or more subscriptions by BBX Capital, Inc. for additional equity interests of the Borrowers or Holdings provided such equity interests are added to and pledged to the Bank under the BBX Pledge Agreement, or (ii) one or more additional postponed and subordinated unsecured shareholder loans made by BBX Capital, Inc. to the Borrowers or Holdings (collectively, the “Sixth Amendment Subordinated Shareholder Loans”) provided that (x) each such loan is made on terms satisfactory to and approved by the Bank in its sole discretion including that each such loan has no scheduled principal payments, permits only payment in kind interest (“PIK Interest”) unless expressly allowed under the Negative Covenant relating to Distributions set out below or the Bank agrees otherwise, and has a maturity date no earlier than six (6) months after the Maturity Date of the Credit Facilities under the Original Agreement, (y) each such loan is only advanced pursuant to the terms of an Approved Sixth Amendment Promissory Note (as hereinafter defined), and (z) BBX Capital acknowledges to the Bank all present and future Sixth Amendment Subordinated Shareholder Loans are subject to the A+R BBX Subordination Agreement (as defined in the Fifth Amendment). The A+R BBX Subordination Agreement shall continue to form part of the Bank Security (as defined in the Loan Agreement). The proceeds of the Sixth Amendment Equity Injection shall be injected on or before the closing of the Sixth Amendment, and applied as a partial repayment of the outstanding principal amount of Facility 2 as a permanent reduction of such term loan and the Credit Limit of Facility 2. For clarity, the Sixth Amendment Equity Injection shall be an amount in addition to the USD$5,000,000 Equity Injection under the Original Agreement, the USD$10,000,000 Second Amendment Equity Injection, the Supplier Settlement Equity Injection provided under the Second Amendment, the USD$13,500,000 Third Amendment Equity Injection provided under the Third Amendment, and the USD $8,000,000 Fifth Amendment Equity Inject...
Sixth Amendment. This Sixth Amendment shall have been duly executed and delivered to the Agent by each of the Loan Party Obligors, the Lenders and the Agent.
Sixth Amendment. On June 6, 2018, the Parties amended the Agreement to increase the compensation under the Agreement by Seventy-Five Thousand Dollars ($75,000), for a cumulative amount not to exceed Two Hundred Ninety-Four Thousand Dollars ($294,000), extend the term of the Agreement to June 30, 2020, and augment the scope of services.
Sixth Amendment. Allowed two earthen berms, two access roads, and two barrier gates on the Premises for Phase VII of the Xxxxx Lake Dust Mitigation Project. (Approved 6/1/2009; Available at: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009 Documents/06-01- 09/ITEMSANDEXHIBITS/C23.pdf) Seventh Amendment. Authorized drip irrigation components for Phase VII of the Xxxxx Lake Dust Control Project. (Approved 10/22/2009; Available at: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009Documents/10-22-09/ITEMS AND EXHIBITS/C17.pdf) Eighth Amendment. Authorized sand fencing and irrigation facilities on area T1A-01 of the Premises. (Approved 12/17/2009; Available at: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009 Documents/12-17- 09/VotingRecord.pdf; Note: Recommendation modified; for actual approval, see: xxxx://xxxxxxxx.xxx.xx.xxx/Meeting Summaries/2009 Documents/12-17-09/Minutes.pdf)
Sixth Amendment. Receipt by the Administrative Agent of satisfactory evidence that all conditions precedent to the effectiveness of the Sixth Amendment (other than the effectiveness of this Agreement) have been satisfied and that such Sixth Amendment is effective (or will be effective simultaneously with the effectiveness of this Agreement) in accordance with the terms thereof.
