Amendment of Section 1005. Effective upon, and subject only to, the Acceptance, the provisions of Section 10.05 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted].”
Amendment of Section 1005. Effective upon, and subject only to, the Acceptance, the provisions of Section 1005 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted].”
Amendment of Section 1005. Section 1005 (“Restriction on Creation of Secured Debt”) is hereby amended to change the phrase “the date hereof” to “the date of the First Supplemental Indenture”, to reletter paragraph (k) as paragraph (l), to change the references to
(a) through (k)” to “(a) through (l)”, and to add a new paragraph (k) which will read it its entirety as follows:
(k) Security Interests securing indebtedness of the Company or a Restricted Subsidiary owing to an Unrestricted Subsidiary of the character described in clause (c) of the definition of Unrestricted Subsidiary that finances accounts receivables; or
Amendment of Section 1005. Section 10.05 (Releases from Guarantees) of the Indenture is hereby deleted in its entirety and replaced with the following: If pursuant to any direct or indirect sale of assets (including, if applicable, all of the Capital Stock of any Guarantor) or other disposition by way of merger, consolidation or otherwise, the assets sold include all or substantially all of the assets of any Guarantor or all of the Capital Stock of any such Guarantor, then such Guarantor or the Person acquiring the property (in the event of a sale or other disposition of all or substantially all of the assets of such a Guarantor) shall be released and relieved of its obligations under its Guarantee or Section 10.03 and Section 10.04 hereof, as the case may be; provided that in the event of an Asset Sale, the Net Proceeds from such sale or other disposition are applied in accordance with the provisions of Section 4.10 hereof. In addition, a Guarantor shall be released and relieved of its obligations under its Guarantee or Section 10.03 and Section 10.04 hereof, as the case may be if (1) such Guarantor is dissolved or liquidated in accordance with the provisions hereof; (2) the Issuer designates any such Guarantor as an Unrestricted Subsidiary in compliance with the terms hereof; (3) upon the transfer of such Guarantor in a transaction that (i) qualifies as a Permitted Investment or as a Restricted Payment that is not prohibited under Section 4.07 if following such transfer such Guarantor ceases to be a direct or indirect Restricted Subsidiary of the Issuer or (ii) following such transaction, such Guarantor is a Restricted Subsidiary that is not a guarantor under any Credit Facility incurred under clause (2) of Section 4.09(b); or (4) the Issuer effectively discharges such Guarantor’s obligations or defeases the Notes in compliance with the terms of Article 8 hereof. Upon delivery by the Issuer to the Trustee of an Officers’ Certificate and an Opinion of Counsel to the effect that such sale or other disposition was made by the Issuer in accordance with the provisions hereof, including without limitation Section 4.10 hereof, if applicable, the Trustee shall execute any documents pursuant to written direction of the Issuer in order to evidence the release of any such Guarantor from its obligations under its Guarantee. Any such Guarantor not released from its obligations under its Guarantee shall remain liable for the full amount of principal of and interest on the Notes and for the othe...
Amendment of Section 1005. Section 1005 (“Restriction on Creation of Secured Debt”) is hereby amended
(a) to change the phrase “the date of the First Supplemental Indenture” to “the date of the Second Supplemental Indenture”,
(b) to amend and restate clause (i) of paragraph (a) to read as follows: Any Security Interest on any property acquired, constructed, developed or improved after the date of the Second Supplemental Indenture by the Gurantor or a Restricted Subsidiary created prior to or contemporaneously with, or within 180 days after the acquisition of property which is a parcel of real property, a building, machinery or equipment; or
(c) to amend and restate paragraph (k) to read in its entirety as follows:
(k) Security Interests to secure obligations under Credit Facilities in an aggregate principal amount, together with the aggregate principal amount of all other Secured Debt then outstanding, not to exceed the greater of (a) $750 million and (b) an amount that does not cause the Secured Leverage Ratio (after giving effect to the incurrence of such obligations under Credit Facilities) to exceed 2.00:1.0; or
Amendment of Section 1005. Section 1005 (“Restriction on Creation of Secured Debt”) is hereby amended:
(a) to change the phrase “the date of the First Supplemental Indenture” to “the date of the Second Supplemental Indenture”,
(b) to amend and restate clause (i) of paragraph (a) to read as follows: Any Security Interest on any property acquired, constructed, developed or improved after the date of the Second Supplemental Indenture by the Guarantor or a Restricted Subsidiary created prior to or contemporaneously with, or within 180 days after the acquisition of property which is a parcel of real property, a building, machinery or equipment; or
