Amendment of the Security Agreement. (a) Section 5(a) of the Security Agreement is hereby amended and restated as follows:
Amendment of the Security Agreement. The Security Agreement is hereby amended by deleting all references contained therein to the Uniform Commercial Code of the State of Rhode Island and substituting in lieu thereof references to the Uniform Commercial Code of or as in effect in the Commonwealth of Massachusetts.
Amendment of the Security Agreement. The Security Agreement, as amended by the First Amendment, is hereby amended by changing the reference therein from "$30,000,000.00" to "$35,000,000.00."
Amendment of the Security Agreement. 3.2.1 With effect from the Effective Date, all references in the Security Agreement to “Credit Agreement” shall be deemed to be references to “Credit Agreement, as amended, increased or otherwise modified from time to time”.
3.2.2 For the avoidance of doubt, the definition of “Collateral” in the Security Agreement includes the Account(s) set out on Schedule 1 to the Security Agreement.
Amendment of the Security Agreement. Section 6.04(a) of ------------------------------------ the Security Agreement is hereby amended pursuant to Section 8.08(b) of the Security Agreement to extend the operative deadline of such provision to August 10, 1998, such that the last sentence of Section 6.04(a) is hereby amended and restated to read in its entirety as follows: "Notwithstanding the foregoing, until August 10, 1998 the Title Documentation for such Vehicle may be maintained and processed by Authorized Employees (who may be employees of the Seller) in the same manner and at the same location used immediately prior to the date hereof by the Seller for such purposes, provided that (i) such Titling -------- Documentation shall be maintained in fireproof file cabinets that shall be locked when not in use by Authorized Employees and (ii) the Collateral Agent shall be given a copy of the keys to such file cabinets."
Amendment of the Security Agreement. (a) Section 3.2(a) of the Security Agreement is hereby amended by deleting in the fourth parenthetical of the second sentence thereof the reference to "$20,000,000" and substituting therefor "$75,000,000".
(b) Section 4.1(a) of the Security Agreement is hereby amended by deleting from clause (ii) thereof each reference to "$1,000,000" and substituting therefor "$5,000,000" in each such place.
(c) Section 4.9 of the Security Agreement is hereby amended by deleting the last sentence and substituting therefor the following sentence: "Without limiting the generality of the foregoing, each Grantor agrees that it shall not permit any Inventory to be in the possession or control of any warehouseman, bailee, agent or processor that is not a Grantor unless either (x) the value of all Inventory (as shown in the consolidated financial statements of the Company and its Subsidiaries) as of the end of any fiscal quarter that is in the possession or control of such warehouseman, bailee, agent or processor does not exceed an amount equal to 20% of the aggregate value of all Inventory (as shown in such consolidated financial statements of the Company and its Subsidiaries) as of the end of such quarter, or (y) such warehouseman, bailee, agent or processor shall have been (or shall promptly be) notified of the Security Interest and such Grantor shall have taken (or shall promptly take) all commercially reasonable steps necessary to obtain the agreement from such warehouseman, bailee, agent or processor in writing to hold the Inventory subject to the Security Interest and the instructions of the Collateral Agent and to waive and release any Lien held by it with respect to such Inventory, whether arising by operation of law or otherwise."
Amendment of the Security Agreement. In accordance with Sections 9.01 and 9.06 of the Indenture, the Trustee shall (i) execute and deliver, on behalf of the Holders, the Consent in the form attached hereto, (ii) direct the Collateral Agent to execute and deliver the Amendment in the form attached hereto and (iii) execute and deliver all other documents or take such other actions, or direct the Collateral Agent to execute and deliver all other documents or take such other actions, as may be necessary or appropriate to consummate the transactions contemplated hereby.
Amendment of the Security Agreement. The Security Agreement is hereby amended, effective as of the Fourth Amendment Effective Date, as follows:
1. Section 3 of the Security Agreement (Security for Obligations) is hereby amended:
(i) by adding the following phrase immediately after the phrase “and the Secured Hedge Agreements” in the first sentence of such Section 3: “and the Secured Cash Management Agreements” and
(ii) by adding the following phrase immediately after the phrase “or the Secured Hedge Agreements” in the second sentence of such Section 3: “or the Secured Cash Management Agreements”
2. Section 20(b)(ii) of the Security Agreement (Remedies) is hereby amended by deleting clause (A) up to the proviso and replacing it with the following phrase: “paid to the Lender Parties, the Hedge Banks and the Cash Management Banks for any amounts then owing to them, in their capacities as such, under the Loan Documents, the Secured Hedge Agreements and the Secured Cash Management Agreements ratably in accordance with the amounts then owing to the Lender Parties, the Hedge Banks and the Cash Management Banks,”
Amendment of the Security Agreement. The proviso to Section 1 of the Security Agreement is hereby amended by (i) deleting the word “and” appearing at the end of clause (F) thereto and inserting a “,”, (ii) adding at the end of clause (G) thereto the words “; and” and (iii) inserting a new clause (H) thereto that reads in full as follows:
Amendment of the Security Agreement. Section 1.1 of the Security Agreement is hereby amended by deleting the definition of “Excluded Assets” and replacing it with the following:
