Amendment of Note Agreement. You hereby consent to the amendments of the Note Agreement hereinafter set forth for the purpose of permitting the Sale Transaction:
Amendment of Note Agreement. 10.1. The following defined terms are added to Section 5.1 of the Note Agreement:
Amendment of Note Agreement. Effective upon the date all the conditions set forth in Section 4 hereof are satisfied (the "Amendment Date"), which conditions must be satisfied no later than the date provided therein, the Note Agreement is amended as follows:
Amendment of Note Agreement. 1.1 Amendment of Section 8.2. The following Section 8.2(c) is added to the Note Agreement to read in its entirety as follows:
Amendment of Note Agreement. Subject to the satisfaction of the conditions set forth in Section 4 of this Fourth Amendment, the Noteholders and the Company hereby agree as follows:
Amendment of Note Agreement. 1.1 Amendment of Section 10.4. Section 10.4 of the Note Agreement is amended by deleting the word “and” at the end of Section 10.4(k) and replacing Section 10.4(l) with the following:
Amendment of Note Agreement. 1.1 Section 5.6 of the Restated Note Agreement is hereby amended by deleting the final period thereof and replacing it with the following proviso: "provided, that for the purposes of calculating Consolidated Current Liabilities for the Company's fiscal quarter ending December 31, 1995, Consolidated Current Liabilities shall not include any liabilities or expenses incorporated within the definition of Restructuring Charge." 1.2 Section 5.10 of the Restated Note Agreement is hereby amended by deleting the final period thereof and replacing it with the following proviso: "provided, that for the purposes of calculating Consolidated Tangible Net Worth for the Company's fiscal quarter ending December 31, 1995, liabilities arising from or in connection with the Restructuring Charge shall not constitute liabilities deducted in the calculation of Consolidated Net Tangible Assets." 1.3 Section 8.1 of the Restated Note Agreement is hereby amended as follows: (a) by deleting the final period from the end of the definition of "Earnings Before Interest and Taxes" and replacing it with the following proviso: "provided, that for the purposes of determining the Company's compliance with the covenants set forth in Sections 5.8 and 5.9 hereof for the Company's fiscal quarter ending December 31, 1995 (but not for any other fiscal quarter), there shall be added to Earnings Before Interest and Taxes the amount of the Restructuring Charge." (b) by adding thereto the following new definition: "'Restructuring Charge' shall mean the restructuring charge or charges (including related charges and expenses reflected in the Company's "Other Income and Expense" and "Sales, General and Administrative Expenses" categories for accounting purposes) taken by the Company in the 5 Company's fiscal quarter ending December 31, 1995 in an aggregate amount not to exceed $35,000,000." SECTION 2.
Amendment of Note Agreement. 1.1. Schedule B. The following definitions are amended to read in their entirety as follows:
Amendment of Note Agreement. The Makers and BOCP hereby amend the Note Agreement as set forth in this Section 4.1 to provide Sterling with certain rights thereunder after the Closing, and Sterling hereby agrees to be bound by the Note Agreement in the capacity of a Purchaser thereunder in connection with events, rights and obligations occurring or existing after the Closing Date.
Amendment of Note Agreement
