Amendment of Article 2. The Indenture is hereby amended by deleting Section 2.09 thereof in its entirety and replacing such Section with the following:
Amendment of Article 2. (a) Section 2.1 of the Credit Agreement is hereby amended by deleting paragraphs (b) and (c) thereof in their entirety and substituting therefor the following:
(b) Subject to the foregoing limitations and the provisions of Section 4.2, the Borrowers shall have the right to make prepayments reducing the outstanding balance of Revolving Credit Advances and to request further Revolving Credit Advances, all in accordance with Section 2.2, without other restrictions hereunder; provided that the Lenders shall have the absolute right to refuse to make any Revolving Credit Advances for so long as there exists any Default or any other condition which would constitute a Default upon the making of such a Revolving Credit Advance; and provided further that during each fiscal year of the Borrowers, commencing with the fiscal year ending July, 1997, there shall be a period of 45 consecutive days, including March 31 of each year, during which the outstanding principal amount of all Revolving Credit Advances shall not exceed the amounts set forth below: ----------------------------------------- Maximum Outstanding Clean-Down Period Revolving Credit Including March 31 Advances ----------------------------------------- 1997 $25,000,000 ----------------------------------------- 1998 $30,000,000 ----------------------------------------- 1999 $25,000,000 ----------------------------------------- 2000 $20,000,000 ----------------------------------------- 2001 $15,000,000 ----------------------------------------- Promptly following the commencement of each clean-down period, American Ski will notify the Agent that the clean-down period has begun.
Amendment of Article 2. (a) Section 2.02 of the Five-Year Credit Agreement is hereby amended by deleting the word "and" prior to clause (iv) thereof, deleting the "." at the end of clause (iv) thereof and replacing it with ", and" and inserting immediately following clause (iv) thereof the following:
(v) executed by an assistant treasurer or a Financial Officer.";
(b) Section 2.03(b) of the Five-Year Credit Agreement is hereby amended by inserting immediately following the words "Exhibit E hereto" the following: "and executed by an assistant treasurer or a Financial Officer.";
(c) Section 2.06 of the Five-Year Credit Agreement is hereby amended to read as follows:
Amendment of Article 2. 1.2.1. The last sentence of Section 2.9 is hereby amended to read in its entirety as follows: “Within thirty (30) days after termination of the Exclusive Commercial License with respect to the Licensed Antibody and if BioTie does not elect to make a substitution of a Backup Antibody pursuant to the last sentence of Section 2.1.2, unless the Parties agree otherwise in writing, BioTie shall destroy any and all Antibodies, Antibody Materials, Mice Materials and Products with respect to VAP-1.”
1.2.2. A new Section 2.1.5 is added to Article 2 of the Agreement to read in its entirety as follows:
Amendment of Article 2. 0: The Base Rent schedule in the Lease is hereby deleted in its entirety and replaced with the following: October 1, 2020 - July 31, 2021 $ 10,000 August 1, 2021 - July 31, 2022 $ 10,200 August 1, 2022 - July 31, 2023 $ 10,404 August 1, 2023 - July 3l, 2024 $ 10,612 August 1, 2024 - July 31, 2025 $ 10,824 August 1, 2025 - July 31, 2026 $ 11,041 August 1, 2026 - July 31, 2027 $ 11,262
Amendment of Article 2. Article 2 of the Loan Agreement is amended by inserting the following Section 2.7 to the end thereof:
Amendment of Article 2. Section 2.2(a) is amended and restated in its entirety as follows: “Revolving Loan Commitment. Subject to the terms and conditions of this Agreement and the other Loan Documents, and in reliance upon the representations and warranties of the Borrower and its Subsidiaries set forth herein and in the other Loan Documents, the Bank agrees to make advances on such Revolving Loan at such times as the Borrower may from time to time request until, but not including, the Revolving Loan Maturity Date, and in such amounts as the Borrower may from time to time request, provided, however, that the aggregate principal balance of all Revolving Loan outstanding at any time shall not exceed the Revolving Loan Availability. Notwithstanding the foregoing, the sum of the advances made by the Bank on the Revolving Loan plus any debt of the Borrower that is not secured by (i) cash or (ii) a letter of credit shall not exceed four times the trailing twelve (12) month Consolidated EBITDA. The Revolving Loan made by the Bank may be repaid and, subject to the terms and conditions hereof, borrowed again up to, but not including, the Revolving Loan Maturity Date unless the Revolving Loan is otherwise terminated or extended as provided in this Agreement. The Revolving Loan shall be used by the Borrower for the purpose of acquiring all of the shares of Ryder Systems Ltd and working capital.
Amendment of Article 2. Article 2 of the Credit Agreement is hereby amended by the addition of a new section, numbered 2.12, which shall read in its entirety as follows:
Amendment of Article 2. (a) Article 2 of the Credit Agreement is hereby amended by deleting the third sentence of Section 2.4(a) in its entirety and substituting therefor the following: "The principal amount of the Term Loan will be repaid in quarterly installments, payable on the first day of each quarter (i.e., April, July, October and January), as follows: Quarterly Payment Date Amount January 1, 1998 $ 250,000 July 1, 1998-2000 $ 250,000 October 1, 1998-2000 $ 500,000 January 1, 1999-2001 $ 500,000 July 1, 2001 $ 500,000 Term Loan Maturity Date $ 500,000
(b) Article 2 of the Credit Agreement is hereby amended by adding Section 2.12 as follows:
Amendment of Article 2. Article 2 of the Original Organization Agreement is hereby amended and restated in its entirety as follows:
