Amendment Contract Clauses (38,133)

Amendment. This Amendment may not be amended or modified except by a written agreement executed by the Company and Investor.

Amendment. This Agreement may be amended in writing by mutual consent of the parties hereto, subject to the provisions of the Investment Company Act and the Articles.

Amendment. This Amendment may not be amended or modified except by a written agreement executed by the Company and Investor.

Amendment. This Agreement may be amended in writing by mutual consent of the parties hereto, subject to the provisions of the Investment Company Act and the Articles.

Amendment. (a) New Definitions. Section 1.01 of the Financing Agreement is hereby amended by adding the following definitions in appropriate alphabetical order: ""Second Amendment" means the Second Amendment to Financing Agreement, dated as of February 13, 2019, by and among the Agents, the Lenders party thereto and the Loan Parties." ""Second Amendment Effective Date" means the date on which each of the conditions precedent set forth in Section 5 of the Second Amendment have been either satisfied or... waived." (b) Existing Definitions. (i) The definition of "Applicable Premium" in Section 1.01 of the Financing Agreement is hereby amended and restated its entirety to read as follows: ""Applicable Premium" means, as of the date of the occurrence of an Applicable Premium Trigger Event: (a) during the period of time from and after the Effective Date up to and including December 31, 2019, an amount equal to the Make-Whole Amount; and (b) thereafter, zero." (ii) The definition of "Make-Whole Amount" in Section 1.01 of the Financing Agreement is hereby amended and restated its entirety to read as follows: ""Make-Whole Amount" means, as of any date of determination, an amount equal to the aggregate amount of interest (including, without limitation, interest payable in cash, in kind or deferred) which would have otherwise been payable on the aggregate principal amount of the Term Loan paid on such date (or in the case of an Applicable Premium Trigger Event specified in clauses (b), (c), (d) or (e) of the definition thereof, the principal amount of the Term Loan outstanding on such date and the aggregate amount of the Unused Line Fee (assuming for purposes of calculating the Unused Line Fee that the Total Delayed Draw Term Loan Commitment is equal to the amount of the Total Delayed Draw Term Loan Commitment immediately prior to the occurrence of the Applicable Premium Trigger Event) which would have otherwise accrued) from the date of the occurrence of the Applicable Premium Trigger Event until December 31, 2019." (c) Fees. Section 2.06 of the Financing Agreement is hereby amended by adding the following new clauses (e) and (f) therein to read as follows: "(e) Second Amendment Fee. In connection with the consummation of the Second Amendment, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, an amendment fee in the amount of $580,951, which amendment fee shall be fully earned on the Second Amendment Effective Date and due and payable in immediately available funds on or before May 13, 2019. (f) Lender Exit Fee. On the earliest of (w) the Final Maturity Date, (x) the Termination Date, (y) the acceleration of the Obligations for any reason, including, without limitation, acceleration in accordance with Section 9.01 of the Financing Agreement, including as a result of the commencement of an Insolvency Proceeding and (z) the date of any refinancing of the Term Loan under the Financing Agreement, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, a non-refundable exit fee (the "Lender Exit Fee") in immediately available funds equal to 1.00% of the principal amount of the Term Loans made under the Financing Agreement, which Lender Exit Fee shall be deemed to be fully earned on the Second Amendment Effective Date." 3. Waiver. (a) Pursuant to the request by the Loan Parties, but subject to satisfaction of the conditions set forth in Section 5 hereof, and in reliance upon (A) the representations and warranties of Loan Parties set forth herein and in the Financing Agreement and (B) the agreements of the Loan Parties set forth herein, the Required Lenders hereby (i) waive any Event of Default that has or would otherwise arise under Section 9.01(c) of the Financing Agreement solely by reason of the Loan Parties failing to comply with the Fixed Charge Coverage Ratio covenant in Section 7.03(b) of the Financing Agreement for the period ending December 31, 2018. (b) The waiver in this Section 3 shall be effective only in this specific instance and for the specific purpose set forth herein and does not allow for any other or further departure from the terms and conditions of the Financing Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect. View More

Amendment. This Release Agreement may not be modified except by a writing signed by each of the parties hereto, or their duly authorized representative.

Amendment. This Agreement may be modified, amended, or otherwise changed only in a writing signed by all of the parties hereto, or in the case of the Investors, the Investor Group Representative, or their respective successors or assigns.

Amendment. (a) New Definitions. Section 1.01 of the Financing Agreement is hereby amended by adding the following definitions in appropriate alphabetical order: ""Second Amendment" means the Second Amendment to Financing Agreement, dated as of February 13, 2019, by and among the Agents, the Lenders party thereto and the Loan Parties." ""Second Amendment Effective Date" means the date on which each of the conditions precedent set forth in Section 5 of the Second Amendment have been either satisfied or... waived." (b) Existing Definitions. (i) The definition of "Applicable Premium" in Section 1.01 of the Financing Agreement is hereby amended and restated its entirety to read as follows: ""Applicable Premium" means, as of the date of the occurrence of an Applicable Premium Trigger Event: (a) during the period of time from and after the Effective Date up to and including December 31, 2019, an amount equal to the Make-Whole Amount; and (b) thereafter, zero." (ii) The definition of "Make-Whole Amount" in Section 1.01 of the Financing Agreement is hereby amended and restated its entirety to read as follows: ""Make-Whole Amount" means, as of any date of determination, an amount equal to the aggregate amount of interest (including, without limitation, interest payable in cash, in kind or deferred) which would have otherwise been payable on the aggregate principal amount of the Term Loan paid on such date (or in the case of an Applicable Premium Trigger Event specified in clauses (b), (c), (d) or (e) of the definition thereof, the principal amount of the Term Loan outstanding on such date and the aggregate amount of the Unused Line Fee (assuming for purposes of calculating the Unused Line Fee that the Total Delayed Draw Term Loan Commitment is equal to the amount of the Total Delayed Draw Term Loan Commitment immediately prior to the occurrence of the Applicable Premium Trigger Event) which would have otherwise accrued) from the date of the occurrence of the Applicable Premium Trigger Event until December 31, 2019." (c) Fees. Section 2.06 of the Financing Agreement is hereby amended by adding the following new clauses (e) and (f) therein to read as follows: "(e) Second Amendment Fee. In connection with the consummation of the Second Amendment, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, an amendment fee in the amount of $580,951, which amendment fee shall be fully earned on the Second Amendment Effective Date and due and payable in immediately available funds on or before May 13, 2019. (f) Lender Exit Fee. On the earliest of (w) the Final Maturity Date, (x) the Termination Date, (y) the acceleration of the Obligations for any reason, including, without limitation, acceleration in accordance with Section 9.01 of the Financing Agreement, including as a result of the commencement of an Insolvency Proceeding and (z) the date of any refinancing of the Term Loan under the Financing Agreement, the Borrowers shall pay to the Administrative Agent, for the account of the Lenders in accordance with their Pro Rata Shares, a non-refundable exit fee (the "Lender Exit Fee") in immediately available funds equal to 1.00% of the principal amount of the Term Loans made under the Financing Agreement, which Lender Exit Fee shall be deemed to be fully earned on the Second Amendment Effective Date." 3. Waiver. (a) Pursuant to the request by the Loan Parties, but subject to satisfaction of the conditions set forth in Section 5 hereof, and in reliance upon (A) the representations and warranties of Loan Parties set forth herein and in the Financing Agreement and (B) the agreements of the Loan Parties set forth herein, the Required Lenders hereby (i) waive any Event of Default that has or would otherwise arise under Section 9.01(c) of the Financing Agreement solely by reason of the Loan Parties failing to comply with the Fixed Charge Coverage Ratio covenant in Section 7.03(b) of the Financing Agreement for the period ending December 31, 2018. (b) The waiver in this Section 3 shall be effective only in this specific instance and for the specific purpose set forth herein and does not allow for any other or further departure from the terms and conditions of the Financing Agreement or any other Loan Document, which terms and conditions shall continue in full force and effect. View More

Amendment. This Release Agreement may not be modified except by a writing signed by each of the parties hereto, or their duly authorized representative.

Amendment. This Agreement may be modified, amended, or otherwise changed only in a writing signed by all of the parties hereto, or in the case of the Investors, the Investor Group Representative, or their respective successors or assigns.