Amendment to Article V. Article V of the Credit Agreement is hereby amended by inserting the following as a new Section 5.21:
Amendment to Article V. Article V of the Original Agreement is amended to insert new Section 5.3 as follows:
Amendment to Article V. Article V is hereby amended by inserting the following new Section 5.16:
Amendment to Article V. Article V of the Existing Credit Agreement is hereby amended in accordance with this Subpart 2.1.
SUBPART 2.1.1. The definition of "Fixed Charge Coverage Ratio" is hereby amended by inserting, immediately prior to the word "payable" where it appears in clause (v) of such definition, the phrase "paid or."
Amendment to Article V. Article V of the Merger Agreement is hereby amended by adding the following as a new Section 5.19 at the end thereof:
Amendment to Article V. Section 5.2 (c) is hereby amended and restated in its entirety to read as follows:
Amendment to Article V. Article V of the Contract, Contract Payment and Payment for Services, is hereby amended and restated in its entirety to read as follows:
5.1 The total amount of HHSC’s share of this contract for fiscal year 2020 shall not exceed $4,871,213.20. XXXXX’s local match requirement for fiscal year 2020 is $307,076.31. The revised total value of this Contract for fiscal year 2020 is $5,178,289.51. Specific information related to each Parties’ share of the revised Contract value is identified in Attachment B-1 Budget/Required Local Match.
Amendment to Article V. Article V of the Existing Credit Agreement is hereby amended in accordance with SUBPART 2.3.1.
Amendment to Article V. Article V of the Existing Credit Agreement is hereby amended in accordance with Subpart 2.2.1.
SUBPART 2.2.1. Section 5.02(b)(i) of the Existing Credit Agreement is hereby amended by adding at the end thereof new clauses (E) and (F) to read as follows:
Amendment to Article V. Article V of the Parent Guaranty and Pledge Agreement is amended as set forth in this Subpart 3.1.
(a) Section 5.9 of the Parent Guaranty and Pledge Agreement is amended to re-letter existing clause (b) thereof as clause (c) and to insert a new clause (b) immediately following existing clause (a) to read in its entirety as follows:
(b) Indebtedness in respect of the Supplemental Senior Notes; provided, that,
(A) the aggregate outstanding principal amount of Indebtedness evidenced by the Supplemental Senior Notes shall not exceed $400,000,000 at any time outstanding and the Supplemental Senior Notes Issuance shall have occurred not later than the one-year anniversary of the Amendment No. 2 Effective Date;
(B) the Agents shall have received (with copies for each Lender that shall have expressly requested copies thereof) a fully-executed copy of the Supplemental Senior Notes Indenture, and all certificates, opinions and other documents delivered thereunder, pursuant to which the Supplemental Senior Notes shall have been issued upon terms and conditions (including as to pricing, maturity and covenants) substantially similar to those contained in the New Senior Notes Indenture and in form and substance satisfactory to the Agents;
(C) no Default shall have occurred and be continuing on the date of the Supplemental Senior Notes Issuance, nor would a Default result from the Supplemental Senior Notes Issuance;
(D) after giving effect to the Supplemental Senior Notes Issuance, the Parent and its Subsidiaries shall be in pro forma compliance with the covenants set forth in Section 7.2.4 of the Credit Agreement for the most recent full Fiscal Quarter immediately preceding the date of the Supplemental Senior Notes Issuance for which relevant financial information has been delivered pursuant to clause (a) or (b) of Section 7.1.1 of the Credit Agreement;
(E) all Net Debt Proceeds received by the Parent from the Supplemental Senior Notes Issuance shall be applied by the Parent to finance Capital Expenditures associated with the Network Build-out and ongoing working capital and general corporate needs of the Borrower and its Subsidiaries; and
(F) an Authorized Officer of the Parent shall have delivered a certificate to the Agents in form and substance satisfactory to the Agents (including calculation of compliance with the covenants set forth in Section 7.2.4 of the Credit Agreement) certifying as to the accuracy of clauses (A) through (E) above; and"
