Examples of Amendment Documentation in a sentence
Each Secured Party hereby irrevocably appoints and designates Bank of America as the Agent, Barclays Bank PLC as the Documentation Agent, Keybank National Association and Société Générale as the Amendment Documentation Agents, under all Loan Documents and each of Bank of America, Barclays Bank PLC, Keybank National Association and Société Générale hereby accepts such appointment.
The effectiveness of the Lenders’ obligation to enter into the Amendment Documentation (defined below) shall be subject solely to the satisfaction (or waiver in writing by the Lenders in their sole discretion) of the following conditions and the conditions in Section 3 of the Letter Agreement.
On the Second Amendment Effective Date, the Borrowers shall pay to the Origination Agent, a non‑refundable documentation fee (the “Second Amendment Documentation Fee”) equal to $3,750,000, which shall be deemed fully earned when paid.
The Amendment Documentation (as defined in the Conditions Annex) will contain customary provisions for amendments of the type contemplated by this Letter Agreement, including, without limitation, customary non-novation language and reaffirmation of the Obligations and the Liens granted by the Loan Parties.
The Incremental Loan Amendment Documentation and any other Transaction Documents and amendments to the existing Transaction Documents shall be in a form and substance satisfactory to each Lender.
It has taken all necessary corporate or limited liability company action, as applicable, to duly authorize the execution and delivery of, and performance of its obligations under, this Amendment and the other Amendment Documentation to which it is a party, and this Amendment and the other Amendment Documentation to which it is a party have been duly authorized, duly executed and delivered by its duly authorized officer or officers.
For purposes hereof, “Specified Representations” means the representations and warranties set forth in Sections 3.1(c), 3.1(g), 3.1(i), 3.1(q) (solely as it relates to the execution, delivery and performance of the Amendment Documentation (as defined in the Conditions Annex)), 3.1(aa), 3.1(hh), 3.1(pp), and 3.1(qq) of the Facility Agreement, in each case after giving effect to the Merger and in each case with respect to both the Borrower and its Subsidiaries and Aytu and its other Subsidiaries.
The parties hereto agree that Borrowers have no further obligations to supply additional cash collateral pursuant to Section 2.09 of that certain Amendment to Loan and Security Agreement, dated September 30, 2005, executed by Agent, Lender and Credit Parties, or pursuant to the corresponding provisions of any of the other First Amendment Documentation.
All representations and warranties set forth in the Credit Agreement shall be true and correct in all material respects with the same effect as though made at the time of the execution and delivery by the Company of the Amendment Documentation.
The Company, the Agent and each Lender shall have executed and delivered the Amendment, and the applicable parties shall have executed and delivered the Security Documentation and all such other instruments and agreements related thereto (all such documentation, including the Amendment, collectively the "Amendment Documentation") in each case in form and substance satisfactory to the Lenders.