Amendment of Covenants. Article 7 of the Credit Agreement is hereby amended by deleting Sections 7.2, 7.4, 7.6 and 7.8 in their entirety and substituting the following therefore, respectively:
Amendment of Covenants. These Covenants may be amended, modified or released by an instrument in writing executed by the Declarant. Any such amendment, modification or release shall relate back to the date of recordation of these Covenants. Any amendment by the Declarant to these Covenants that amends, modifies, or releases the terms of these Covenants shall be recorded among the Land Records before it shall be deemed effective.
Amendment of Covenants. If the Company amends or adopts any term or provision under the Credit Documents that as a result of such amendment or adoption imposes more restrictive terms or provisions on the Company than the terms and provisions in effect as set forth in the credit agreement, dated as of August 29, 1997 between RTFC and the Company, then the Company shall amend or adopt, in a correspondingly more restrictive manner, any term or provision set forth under Sections 7, 8 or 9 hereunder to track such amendments.
Amendment of Covenants. (a) Section 7.3 of the Loan Agreement is hereby deleted and replaced in its entirety with the following:
Amendment of Covenants. (a) Section 7.1 of the Credit Agreement is hereby amended by deleting the clause "to be greater than" appearing in the third line thereof and deleting subsections (a) and (b) in their entirety and substituting therefor the following: "(the "Consolidated Leverage Ratio") to be greater than (a) 3.00- to-1.00 on June 28, 1997 (the first date such ratio is to be tested) and at any time thereafter but prior to October 3, 1998, (b) 2.50-to-1.00 at October 3, 1998 and at any time thereafter but prior to January 2, 1999."
Amendment of Covenants. (a) Article 6 of the Credit Agreement is hereby amended by adding a new Section 6.14 at the end thereof as follows:
Amendment of Covenants. Borrower and Lender wish to amend the negative covenants set forth in Sections 6.3, 6.20 and 6.21 of the Credit Agreement to read as follows:
Amendment of Covenants. Borrower and Lenders hereby agree that the covenant set forth in Section 4(b) of Amendment No. 1 to Amended and Restated Revolving Credit, Term Loan and Security Agreement dated November 13, 2001, related to Borrower raising $10,000,000 in additional financing is hereby deleted and replaced with the following: On or before April 1, 2003, Borrower shall raise a minimum of $10,000,000 through equity sales or other acceptable financing approved by the Lenders, all of which proceeds must be used to prepay the Term Note that evidences the Term Facility. Notwithstanding the foregoing, Borrower shall use commercially reasonable efforts to close successfully such transaction as soon after the date of this Agreement as possible. Any prepayment under this section shall be applied to the outstanding balance of the Term Note in reverse order of maturity.
Amendment of Covenants. (a) Section 2.2.1 of the Credit Agreement is hereby amended by deleting the first sentence thereof in its entirety and substituting therefor the following: "Subject to all of the terms and conditions of this Credit Agreement and so long as no Default exists, the Agent will issue for the account of any Borrower one or more irrevocable standby or documentary letters of credit (the "Letters of Credit") up to a Maximum Exposure Under Letters of Credit of $5,000,000."
Amendment of Covenants. (a) Section 2.1(b) of the Credit Agreement is hereby amended by deleting the second proviso thereof and substituting therefor the following: and provided further that during each fiscal year of the Borrowers, commencing with the fiscal year ending July 30, 2000, there shall be a period of 30 (thirty) consecutive days, including April 30 of each year, during which the sum of (i) the outstanding principal amount of all Revolving Credit Advances and (ii) the Letter of Credit Exposure shall not exceed (A) $25,000,000 during the Borrowers' 2000 fiscal year and (B) $35,000,000 for each fiscal year thereafter.
