Amendment to Attachment A. Attachment A of the NEPOOL Tariff is amended to read as set out in Appendix B hereto.
Amendment to Attachment A. Attachment A of the Plan is hereby amended and restated in its entirety as set forth on Attachment A to this First Amendment.
Amendment to Attachment A. Attachment A to the Agreement is hereby amended by deleting such Attachment A in its entirety and substituting, in lieu thereof, the Attachment A attached hereto. Such new Attachment A shall be effective as of the date specified in the new Attachment A. The changes contained in the new Attachment A include, without limitation, the following:
(a) Section II.B)(i), is hereby amended by inserting the following at the end of the section: "Notwithstanding the foregoing, Product Advances will not be granted if Customer's inventory on hand that is financed by IBM Credit exceeds Three Million Dollars ($3,000,000), as reflected in the daily Inventory Report described in Section 7.1(K) of the AIF. Customer shall be placed on credit hold and be given ten (10) days to cure, after which time Customer shall be in default."
(b) Customer shall be required to maintain the following financial percentage(s), ratio(s) and amount(s) as of the last day of the fiscal period under review by IBM Credit:
(i) Minimum EBITDA. EBITDA, measured on a fiscal quarter-end basis of not less than the required amount set forth in the following table for the applicable period set forth opposite thereto; $ 0 $ (3,800,000 ) For the 12 month period ending September 30, 2002 $ 300,000 $ (2,250,000 ) For the 12 month period ending December 31, 2002 $ 700,000 $ (1,500,000 ) For the 12 month period ending March 31, 2003 $ 1,200,000 $ 1,200,000 For the 12 month period ending June 30, 2003 $ 1,700,000 $ 2,500,000 For the 12 month period ending September 30, 2003 $ 2,000,000 $ 2,500,000 For the 12 month period ending each fiscal quarter and thereafter
(ii) Tangible Net Worth. Tangible Net Worth of at least $17,000,000 for each fiscal quarter-end.
(iii) Capital Expenditures. Capital expenditures shall not exceed $1,200,000 in any fiscal year.
Amendment to Attachment A. Customer hereby agrees that Attachment A to the Agreement is hereby amended by deleting such Attachment A in its entirety and substituting, in lieu thereof, the Attachment A attached hereto (the "Revised Attachment A"). Such Revised Attachment A contains, among other changes, (1) a permantent increase to the Credit Line contained in Section I(A) to $395,000,000; (2) a reformatted and revised definition of Borrowing Base contained in Section I(B); (3) an increase in the Collateral Insurance Amount contained in Section I(D) to $387,000,000; (4) a change to the Maximum OVN Advance Total in Section I(K); (5) deletion of the Back-up Liquidity Adjustment Fee in Section I(J)(iii); and (6) deletion of Section V.
Amendment to Attachment A. The original Attachment A of the Agreement shall be replaced and supplanted by the revised Attachment A that is attached hereto and incorporated herein for all purposes.
Amendment to Attachment A. The Attachment A of the Second Addendum shall be supplanted and replaced, in its entirety, by the Attachment A attached hereto.
