GIS » Topics » Amendments and Waivers

This excerpt taken from the GIS 8-K filed Oct 15, 2007.
Amendments and Waivers.  No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent with respect to any departure by the Company therefrom, shall be effective unless the same shall be in writing and signed by the Majority Banks, the Company (and if the rights or duties of any Issuing Bank are affected thereby, by it) and acknowledged by the Administrative Agent, and then such waiver shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such waiver, amendment, or consent shall, unless in writing and signed by all the Banks, the Company and acknowledged by the Administrative Agent, do any of the following:

(a)  extend or increase the Revolving Commitment of any Bank (or reinstate any Revolving Commitment terminated pursuant to subsection 8.02(a)) or subject any Bank to any additional obligations;

(b)  postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due to the Banks (or any of them) hereunder, under any Loan Document, or the latest permitted expiry date for Letters of Credit;

(c)  reduce the principal of, or the rate of interest specified herein on any Loan, or any Reimbursement Obligation or any fees or other amounts payable hereunder or under any Loan Document;

(d)  change the percentage of the Revolving Commitments or of the Total Outstanding Amount, which shall be required for the Banks or any of them to take any action hereunder or change the definition of Majority Banks;

(e)  amend this Section 10.01 or any provision providing for consent or other action by all Banks; or

(f)   alter the pro rata treatment of the Banks under Section 2.13 or any other provision providing for pro rata treatment;

and,

This excerpt taken from the GIS 8-K filed Aug 7, 2007.
Amendments and Waivers. No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent with respect to any departure by the Company therefrom, shall be effective unless the same shall be in writing and signed by the Majority Banks, the Company and acknowledged by the Administrative Agent, and then such waiver shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such waiver, amendment, or consent shall, unless in writing and signed by all the Banks, the Company and acknowledged by the Administrative Agent, do any of the following:

(a)    extend or increase the Revolving Commitment of any Bank (or reinstate any Revolving Commitment terminated pursuant to subsection 8.02(a)) or subject any Bank to any additional obligations;

(b)    postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due to the Banks (or any of them) hereunder, under any Loan Document;

(c)    reduce the principal of, or the rate of interest specified herein on any Loan, or any fees or other amounts payable hereunder or under any Loan Document;

(d)    change the percentage of the Revolving Commitments or of the Total Outstanding Amount, which shall be required for the Banks or any of them to take any action hereunder or change the definition of Majority Banks;

(e)    amend this Section 10.01 or any provision providing for consent or other action by all Banks; or

 

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(f)    alter the pro rata treatment of the Banks under Section 2.13 or any other provision providing for pro rata treatment;

and,

This excerpt taken from the GIS 8-K filed Oct 17, 2006.
Amendments and Waivers. No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent with respect to any departure by the Company therefrom, shall be effective unless the same shall be in writing and signed by the Majority Banks, the Company and acknowledged by the Administrative Agent, and then such waiver shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such waiver, amendment, or consent shall, unless in writing and signed by all the Banks, the Company and acknowledged by the Administrative Agent, do any of the following:

(a)   extend or increase the Revolving Commitment of any Bank (or reinstate any Revolving Commitment terminated pursuant to subsection 8.02(a)) or subject any Bank to any additional obligations;

(b)   postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due to the Banks (or any of them) hereunder, under any Loan Document;

(c)   reduce the principal of, or the rate of interest specified herein on any Loan, or any fees or other amounts payable hereunder or under any Loan Document;

(d)   change the percentage of the Revolving Commitments or of the Total Outstanding Amount, which shall be required for the Banks or any of them to take any action hereunder or change the definition of Majority Banks;

(e)   amend this Section 10.01 or any provision providing for consent or other action by all Banks; or

(f)    alter the pro rata treatment of the Banks under Section 2.13 or any other provision providing for pro rata treatment;

and,

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