Amendment to Article V Sample Clauses

Amendment to Article V. Article V of the Original Agreement is amended to insert new Section 5.3 as follows:

Amendment to Article V. Effective as of the Effective Date, Article V of the Credit Agreement is hereby amended by adding a new Section 5.14 immediately following Section 5.13, as set forth below:

Amendment to Article V. Section 5.9 of the Parent Guaranty and Pledge Agreement is amended to replace existing clause (a) thereof with a new clause (a) to read in its entirety as follows: (a) Indebtedness in respect of (i) the Senior Notes and the New Senior Notes and (ii) the Additional Senior Notes; PROVIDED, THAT, (A) the aggregate outstanding principal amount of Indebtedness evidenced by the Additional Senior Notes shall not exceed $200,000,000 at any time outstanding and the Additional Senior Notes Issuance shall have occurred not later than the one-year anniversary of the Amendment No. 1 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 Additional Senior Notes Indenture, and all certificates, opinions and other documents delivered thereunder, pursuant to which the Additional 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 Additional Senior Notes Issuance, nor would a Default result from the Additional Senior Notes Issuance; (D) after giving effect to the Additional 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 Additional 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 Additional 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 or to redeem, repurchase or exchange all or part of the Senior Discount Notes; 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" By their signatures below, each of the Lenders consents, subject to the terms ...

Amendment to Article V. Article V is hereby amended by inserting the following new Section 5.16:

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 Merger Agreement is hereby amended by adding the following as a new Section 5.19 at the end thereof:

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 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. The provisions of Article V of the Credit Agreement are hereby amended by deleting the following text in Section 5.09(b): Without limiting the foregoing, the Loan Parties acknowledge that the Agents intend to undertake up to three (3) inventory appraisals and three (3) commercial finance examinations each Fiscal Year after the Closing Date, at the Loan Parties’ expense and replacing it with the following: Without limiting the foregoing, the Loan Parties acknowledge that the Agents intend to undertake up to four (4) inventory appraisals and four (4) commercial finance examinations each Fiscal Year after the Closing Date, at the Loan Parties’ expense.