Amendment of Definition. With respect to the Securities only, the following definitions shall be amended in their entirety in Section 1.01 of the Subordinated Indenture:
Amendment of Definition. Section 1 (l) “IRR” is hereby deleted in its entirety and the remaining subsections of Section 1 are hereby renumbered accordingly.
Amendment of Definition. As of and from the Effective Time, the definition of “Company” in the Employment Agreement shall be amended to mean “New Century Financial Corporation, a Maryland corporation formerly known as “New Century REIT, Inc.””
Amendment of Definition. The definition of “BCC Equity Consideration” set forth in Section 1.1 of the Exchange Agreement shall be deleted in its entirety and restated as follows:
Amendment of Definition. Section 1.1 of the Agreement is hereby amended such that the definition of “Maximum Amount” contained therein shall be amended and restated as follows:
Amendment of Definition. With respect to the Notes only, the following definition shall be amended in its entirety in Section 1.01 of the Base Indenture:
Amendment of Definition. Section 1.01 of the Existing Credit Agreement is hereby amended as follows:
(a) By amending the definition of “Cash Equivalents” by inserting the words “or the District of Columbia” immediately after the words “United States or any state therein” in clause (b).
(b) By amending and restating clause (1)(A) in the definition of “Consolidated EBITDA” to read in full as follows:
(A) in good faith by the chief executive officer, chief financial officer, principal accounting officer or treasurer of the Borrower and”
(c) By amending the definition of “Consolidated Net Income” by (x) replacing the reference to “distributions” appearing in clause (e) with “Distributions” and (y) amending and restating clause (1)(A) to read in full as follows:
(A) in good faith by the chief executive officer, chief financial officer, principal accounting officer or treasurer of the Borrower and”
(d) By amending the definition of “Defaulting Lender” by deleting the word “or” immediately before “(ii)” in clause (d) thereof and replacing the “;” immediately before the proviso at the end of clause (d) thereof with “or (iii) become subject to a Bail-In Action;”
(e) By amending and restating the definition of “FATCA” to read in full as follows:
Amendment of Definition. The definitions of “Series A Preferred Stock” and “Series B Preferred Stock” shall be deleted in their entirety.
Amendment of Definition. The following definitions in Section 1 of the Credit Agreement are amended to read in their entirety as follows:
Amendment of Definition of “Stock Acquisition Date.” The definition of “Stock Acquisition Date” in Section 1.12 of the Rights Agreement is supplemented and amended by inserting the following sentence after the last sentence thereof: “Notwithstanding anything in this Agreement to the contrary, a Stock Acquisition Date shall not be deemed to have occurred as a result of any Exempt Event.”
