Amendment to Financing Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, Section 6.8(b) of the Financing Agreement is hereby amended and restated in its entirety as follows:
Amendment to Financing Agreement. The Financing Agreement is amended, effective as of the date of this Agreement, as follows:
Amendment to Financing Agreement. Section 2.01(b)(iv) of the Financing Agreement is hereby amended and restated in its entirety to read as follows: "The aggregate principal amount of the Loans and Letter of Credit Obligations shall not at any time exceed (A) an amount equal to (x) three and one quarter (3.25) multiplied by (y) the Consolidated EBITDA of the Parent and its Subsidiaries for the most recently completed twelve months after giving effect, if any, to the pro forma adjustments set forth in Schedule 2.01(b)(iv) or (B) the maximum principal amount of Indebtedness which is permitted to be incurred by the Parent and its Subsidiaries under clause (i) of the second paragraph of Section 4.09 of the Indenture less all outstanding Capital Lease Obligations (as defined in the Indenture) incurred under such clause (i), provided, however, that solely for the period commencing on May 1, 2005 and ending on July 5, 2005, the aggregate principal amount of the Loans and Letter of Credit Obligations shall not at the end of any Business Day exceed (A) an amount equal to (x) four (4.00) multiplied by (y) the Consolidated EBITDA of the Parent and its Subsidiaries for the most recently completed twelve months after giving effect, if any, to the pro forma adjustments set forth in Schedule 2.01(b)(iv) or (B) the maximum principal amount of Indebtedness which is permitted to be incurred by the Parent and its Subsidiaries under clause (i) of the second paragraph of Section 4.09 of the Indenture less all outstanding Capital Lease Obligations (as defined in the Indenture) incurred under such clause (i)."
Amendment to Financing Agreement. Section 7.11(b) of the Financing Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Financing Agreement. Subject to the satisfaction of the conditions of this Amendment, the Financing Agreement is hereby amended as follows:
Amendment to Financing Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows:
2.1. Section 2(a) is hereby amended by deleting the fifth sentence thereof in its entirety and replacing it with the following: "Furthermore, at no time will the outstanding amount of Loans in the aggregate exceed: (i) $57,000,000 from January 1, 1997 through March 31, 1997; (ii) $53,500,000 from April 1, 1997 through April 30, 1997; (iii) $45,000,000 from May 1, 1997 through June 30, 1997; and (iv) $40,000,000, at any time thereafter (the "Peak Permitted Loan")."
2.2. Section 8 is hereby amended by amending the definition of Applicable Permitted Overadvance in its entirety to provide as follows:
Amendment to Financing Agreement. Subject to the terms and conditions of this Amendment, including the satisfaction of the conditions precedent set forth in Section 2 hereof, the Financing Agreement is amended as follows:
(a) Section 2.1(e) of the Financing Agreement is hereby amended by deleting the reference to “December 31, 2016” therein and replacing it with a reference to “January 5, 2017”.
(b) Section 8.1(e) of the Financing Agreement is hereby amended by adding the following language at the end thereof immediately after the reference to “$10,000,000” therein: “(or, solely with respect to the calendar month ending December 31, 2016, $5,000,000).”
Amendment to Financing Agreement. (a) The definition of “Permitted Indebtedness” set forth in Section 1.01 of the Financing Agreement is hereby amended by deleting the “and” at the end of clause (g) thereof, replacing the “.” at the end of clause (h) thereof with “; and” and adding the following as clause (i) thereof:
(i) Indebtedness owed by Borrower to Magnetek S.p.A., a company organized under the laws of Italy, so long as (A) such Indebtedness, inclusive of any Indebtedness permitted under Section 7.02(e), does not exceed $4,000,000 in the aggregate at any one time outstanding and (B) such Indebtedness is subject to a valid and enforceable subordination agreement in favor of in favor of the Collateral Agent, for the benefit of the Agents and the Lenders, which is in form and substance satisfactory to the Collateral Agent.”
Amendment to Financing Agreement. This letter also shall confirm the agreement of the Agent, the sole Lender and the Companies to amend the Section 7.10 of the Financing Agreement by inserting at the end thereof two new Sections 7.10(j) and 7.10
Amendment to Financing Agreement. Subject to the satisfaction of the conditions precedent specified in Section 4 below, the Financing Agreement is hereby amended as follows:
(a) The Financing Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Financing Agreement attached hereto as Annex I.
(b) The following Exhibits to the Financing Agreement are hereby deleted in their entirety and replaced with the corresponding Exhibits attached hereto as Annex II, Annex III and Annex IV, respectively: (i) Exhibit B (Form of Assignment and Acceptance); (ii) Exhibit D (Form of Borrowing Base Certificate); and (iii) Exhibit E (Form of Compliance Certificate).
(c) The following Schedules to the Financing Agreement are hereby deleted in their entirety and replaced with the corresponding Schedules attached hereto as Annex V: (i) Schedule 1.01(A) (Lenders and Lenders’ Commitments) and (ii) Schedule 6.01(e) (Capitalization; Subsidiaries).
