Addition of Certain Definitions. Section 1.1 of the Loan Agreement is hereby amended by adding the following new definitions thereto, in the proper alphabetical order: Eurodollar Base Rate - with respect to a Eurodollar Loan for the relevant Eurodollar Interest Period, a rate per annum equal to the quotient of the following: (a) the rate at which deposits in U.S. dollars in immediately available funds are offered by Lender or Bank to first-class banks in the London interbank market at approximately 11:00 a.m. (London time) two (2) Business Days prior to the first day of such Eurodollar Interest Period, in the approximate amount of the Eurodollar Loan and having a maturity approximately equal to the Eurodollar Interest Period divided by (b) the difference of 1.00 minus the Eurodollar Reserve Requirement. Eurodollar Borrowing Notice - as defined in Section 3.7(A) of this Agreement.
Addition of Certain Definitions. Section 1.1 of the Loan Agreement is hereby amended by adding the following new definitions thereto, to be inserted in their proper alphabetical order: "Base Rate Loans - all Loans other than Eurodollar Loans. Bayou - Bayou Pumps, Inc., a Texas corporation. Bayou Guaranty Agreement - that certain Continuing Guaranty Agreement, executed by Bayou, in connection with the Third Amendment, whereby Bayou unconditionally guarantees payment of all Obligations of Sepco to Lender, such Continuing Guaranty Agreement to be in form and substance satisfactory to Lender, in its sole discretion. Sepco - Sepco Industries, Inc., a Texas corporation. Third Amendment - the Third Amendment to Second Amended and Restated Loan and Security Agreement, dated as of September 9, 1996, by and among Sepco, Bayou and Lender. Third Amendment Deed of Trust - that certain Deed of Trust, Security Agreement, Financing Statement and Assignment of Rents, executed by Sepco, for the benefit of Lender (executed in connection with the Third Amendment), covering the real property in Harrxx Xxxnty, Texas, legally described on Exhibit G attached to the Third Amendment, whereby Lender is granted a first priority Lien in such real property securing the Obligations, such Deed of Trust, Security Agreement, Financing Statement, and Assignment of Rents to be in form and substance satisfactory to Lender, in Lender's sole discretion. Third Amendment Modification Agreements - each of the following documents, each dated on or about the date hereof, and each executed by Sepco and Lender:
Addition of Certain Definitions. The Deposit Agreement is hereby amended as of the Effective Date to add Sections 1.15, 1.16 and 1.17 to read in their entirety as follows:
Addition of Certain Definitions. Exhibit I to the Agreement is hereby amended by adding the following definitions thereto:
Addition of Certain Definitions. The following are hereby added to Section 1.1 of the Credit Agreement:
Addition of Certain Definitions. Effective as of the date hereof, Section 1.1 of the Loan Agreement is hereby amended by adding the following definitions thereto in alphabetical order: "Equipment Loan - the Loans to be made by Lender to Borrower pursuant to Section 2.2(B) of this Agreement."
Addition of Certain Definitions. Effective as of the date hereof, Section 1.1 of the Loan Agreement is hereby amended by adding the following definitions thereto in alphabetical order: "Guaranty Trust Agreement - the Guaranty Trust Agreement to be executed within thirty (30) days of the date of the Second Amendment Agreement by and among Lowrance, Electronica Lowrance De Mexico S.A. De C.V., the Mexican Trustee and such other parties as are acceptable to Lender, in form and substance satisfactory to Lender in its sole discretion."
Addition of Certain Definitions. Effective as of the date of execution of this Amendment, Section 1.1 of the Loan Agreement is hereby amended by adding the following new definitions thereto, to be inserted in their proper alphabetical order: "ACQUISITION TERM LOAN - shall have the same meaning as in the Sepco Loan Agreement. CAPITALIZED LEASE OBLIGATION - any Indebtedness represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP." DOMESTIC MARGIN - at all times up to and including June 30, 1998-0.50% per annum. Thereafter, 0.00% per annum. EURODOLLAR ADJUSTMENT DATE - initially, July 1, 1998, and thereafter, the first Business Day of the calendar month during which Lender receives the Compliance Certificate required by Section 9.1(J) hereof having a calculation date as of the last day of September, December, March or June, as the case may be (referred to in this Agreement as a 'Quarterly Compliance Certificate'), beginning with the Compliance Certificate having the calculation date as of September 30, 1998. EURODOLLAR MARGIN - (i) for all Eurodollar Loans outstanding during the period ending on June 30, 1998, 2.00% per annum, and thereafter (ii) for all Eurodollar Loans outstanding during the period beginning on a Eurodollar Adjustment Date and ending on the day preceding the subsequent Eurodollar Adjustment Date, the applicable percent per annum set forth in the pricing table below opposite the ratio of (i) the aggregate principal amount of all Senior Debt outstanding on the calculation date of the applicable Compliance Certificate to (ii) the EBITDA calculated for the trailing twelve calendar month period ending on the calculation date of the applicable Compliance Certificate (which EBITDA may contain adjustments for the Target Company EBITDA of any Target Company purchased by Sepco with an Acquisition Term Loan during the relevant twelve calendar month period, provided that any such adjustment must be consented to by Lender, which consent shall be given or withheld by Lender in its sole discretion, and such adjustment must also be calculated in a manner satisfactory to Lender, in Lender's sole discretion).
Addition of Certain Definitions. Section 1.1 of the Indenture is amended to add thereto (immediately prior to the definition of "Acquired Preferred Stock") the following definitions of "11 3/4% Notes," "11 3/4% Notes Guarantee" and "11 3/4% Notes Indenture."
Addition of Certain Definitions. Effective --------------------------------------------------------- as of the date hereof, Section 1.1 of the Loan Agreement is hereby amended by ----------- adding the following definitions thereto in alphabetical order: "Permitted Overadvance Amount - (i) $4,000,000.00 during the period ---------------------------- from January 1, 1997 through and including January 31, 1997, (ii) $3,000,000.00 during the period from February 1, 1997 through and including Xxxxx 00, 0000, (xxx) $2,000,000.00 during the period from March 14, 1997 through and including March 20, 1997, (iv) $1,000,000.00 during the period from March 21, 1997 through and including March 30, 1997, and (v) $0 thereafter." "Third Amendment Agreement - the Third Amendment to Loan and Security ------------------------- Agreement, dated as of December 30, 1996, by and between Lender and Borrower."
