Amendment of Certain Defined Terms. (a) The following terms contained in Section 1.01 of the Existing Credit Agreement are amended and restated as follows:
Amendment of Certain Defined Terms. Article 9 of the Credit Agreement is hereby amended by (i) deleting the defined terms “Collateral”, “Collateral and Guarantee Requirement”, “Security Documents” and “Transaction Liens”, (ii) deleting the defined terms “Material Adverse Effect” and “Transaction Documents” and replacing each such defined term in its entirety with the new definition of such term set forth below, and (iii) adding the following new defined terms set forth below:
Amendment of Certain Defined Terms. 2.5.1 The definition of “
Amendment of Certain Defined Terms. Section 1.01 of the Loan Agreement is hereby amended by (i) deleting the defined term “Borrowing Base”, (ii) deleting the defined terms “Revolving Loan”, “Revolving Loan Commitment” and “Revolving Note” and replacing each such defined term in its entirety with the new definition of such term set forth below and (iii) adding the following new defined terms, all as more fully set forth below:
Amendment of Certain Defined Terms. The following capitalized terms set forth in Section 1 of the Interlocal Agreement are hereby amended to read in their entirety as follows:
Amendment of Certain Defined Terms. Section 1.3 (Definitions) of the Credit Agreement is hereby amended by replacing the existing definitions of “Cash Concentration Account” and “Cash Concentration Account Agreement” with the following definitions in proper alphabetical order: “Cash Concentration Account” shall mean, with respect to the Borrowers, at the discretion of the Agent, either: (i) any of those certain commercial deposit accounts at National City Bank (including, in each instance where named in this Agreement, any successor of National City Bank), in the name of the Agent, designated as “National City Business Credit, Inc. (for the benefit of itself and the Issuer) Borrowing Agent Cash Concentration Account” pursuant to a Cash Concentration Account Agreement (a “Non-Borrower Titled Cash Concentration Account”); or (ii) such other depository accounts as may be established and maintained by any of the Borrowers, the Borrowing Agent or any other applicable Domestic Obligor at National City Bank from time to time, pursuant to a Deposit Account Agreement and/or a Blocked Account Agreement, each of which, in either case, shall be: (a) without liability by the Agent or National City Bank to pay interest thereon, (b) the funds within which shall immediately become the sole and exclusive property of the Agent for the pro rata benefit of the Secured Creditors and subject to the sole and exclusive control off the Agent, and (c) from which account the Agent shall have the irrevocable and exclusive right to withdraw funds. “Cash Concentration Account Agreement” shall mean an agreement entered into by the Agent and National City Bank with respect to each Non-Borrower Titled Cash Concentration Account, in form and substance satisfactory to the Agent and acknowledged by the Borrowers, the Borrowing Agent or other Domestic Obligor, as applicable, whereby National City Bank will agree to maintain the Non-Borrower Titled Cash Concentration Account on behalf of the Agent. 2.2
Amendment of Certain Defined Terms. Article 9 of the Credit Agreement is hereby amended by (i) deleting the defined terms “Collateral”, “Collateral and Guarantee Requirement”, “Security Documents” and “Transaction Liens”, (ii) deleting the defined terms “Material Adverse Effect” and “Transaction Documents” and replacing each such defined term in its entirety with the new definition of such term set forth below, and (iii) adding the following new defined terms set forth below: “Xxxxx/Xxxxxxx Credit Agreement” means that certain Credit Agreement, dated as of December 22, 2009, by and between the Borrower, Xxxxxx Xxxxxxx and the Lender (as amended, restated, supplemented or otherwise modified from time to time). “Excluded Assets” means, collectively, (i) any and all direct and indirect legal, equitable and beneficial ownership interests of the Borrower in FreedomRoads and any of its subsidiaries and (ii) any notes, instruments and other documents evidencing Indebtedness owed to the Borrower by FreedomRoads or any of its subsidiaries, and all rights of the Borrower in respect of such Indebtedness. “Material Adverse Effect” means (a) a material adverse change in, or a material adverse effect upon, the business, properties, assets, liabilities (actual or contingent), or financial condition of the Borrower; (b) a material impairment of the ability of the Borrower to perform the Borrower’s obligations under any Transaction Document to which the Borrower is a party; or (c) a material adverse
Amendment of Certain Defined Terms. Article 9 of the Credit Agreement is hereby amended by (i) deleting the defined terms “Collateral”, “Collateral and Guarantee Requirement”, “Security Documents” and “Transaction Liens”, (ii) deleting the defined terms “Cash Interest Payment Date”, “Material Adverse Effect”, “Maturity Date” and “Transaction Documents” and replacing each such defined term in its entirety with the new definition of such term set forth below, and (iii) adding the following new defined terms set forth below: “Xxxxx/Lemonis Credit Agreement” means that certain Credit Agreement, dated as of December 22, 2009, by and between the Borrower, Xxxxxx Xxxxxxx and the Lender (as amended, restated, supplemented or otherwise modified from time to time). “Cash Interest Payment Date” means each of the following dates: April 30, 2009, July 31, 2009, October 30, 2009, December 31, 2009, March 31, 2010, June 30, 2010, September 30, 2010, December 31, 2010, March 31, 2011, June 30, 2011, September 30, 2011, December 31, 2011, March 31, 2012 and June 30, 2012, or if any such day is not a Business Day, the next preceding Business Day. “Excluded Assets” means, collectively, (i) any and all direct and indirect legal, equitable and beneficial ownership interests of the Borrower in FreedomRoads and any of its subsidiaries and (ii) any notes, instruments and other documents evidencing Indebtedness owed to the Borrower by FreedomRoads or any of its subsidiaries, and all rights of the Borrower in respect of such Indebtedness.
Amendment of Certain Defined Terms. Section 1.3 (Definitions) of the Credit Agreement is hereby amended by replacing the existing definitions of “Cash Concentration Account” and “Cash Concentration Account Agreement” with the following definitions in proper alphabetical order:
Amendment of Certain Defined Terms. Section 1.01 of the Credit Agreement is amended by deleting the definitions of "Jumbo Mortgage Loan" and "Majority Lenders" as they appear therein and by substituting in lieu thereof the following definitions in the appropriate alphabetical order:
