Amendment to Restricted Payments Covenant. Section 9.2 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Restricted Payments Covenant. Sub-section 8.03(14) of the Credit Agreement is hereby amended by deleting subclause (b) in its entirety and replacing it with the following:
Amendment to Restricted Payments Covenant. Section 10.2 of the ----------------------------------------- Credit Agreement shall be amended to read in full as follows:
Amendment to Restricted Payments Covenant. Section 7.06 of the Credit Agreement is amended to read in full as follows:
Amendment to Restricted Payments Covenant. Section 5.14(c) of the Credit Agreement is amended by deleting "$90,000,000" in clause (ii) and inserting in lieu thereof "$75,000,000".
Amendment to Restricted Payments Covenant. Section 7.6(d) of the Credit Agreement is hereby amended by adding the following at the end of clause (d) before the word “and”: “provided, however, commencing with the fiscal quarter ending September 30, 2018, in no event shall aggregate Quarterly Distributions in any individual fiscal quarter exceed $10,700,000 through, and including, the fiscal quarter ending December 31, 2019.”
Amendment to Restricted Payments Covenant. Section 4.07 of the Indenture is hereby deleted in its entirety and replaced with the following:
(a) The Company shall not, and shall not permit any Restricted Subsidiary to, directly or indirectly, take any of the following actions:
(i) declare or pay any dividend on, or make any distribution to holders of, any shares of the Capital Stock of the Company or any Restricted Subsidiary, other than (i) dividends or distributions payable solely in Qualified Equity Interests or (ii) dividends or distributions by a Restricted Subsidiary payable to the Company or a Wholly Owned Restricted Subsidiary or to all holders of Capital Stock of such Restricted Subsidiary on a pro rata basis;
(ii) purchase, redeem or otherwise acquire or retire for value, directly or indirectly, any shares of Capital Stock, or any options, warrants or other rights to acquire such shares of Capital Stock, of the Company, any direct or indirect parent of the Company or any Subsidiary of the Company (other than a Wholly Owned Restricted Subsidiary);
(iii) make any principal payment on, or repurchase, redeem, defease or otherwise acquire or retire for value, prior to any scheduled principal payment, sinking fund payment or maturity, any Subordinated Indebtedness; and
(iv) make any Investment (other than a Permitted Investment) in any Person (such payments or other actions described in (but not excluded from) clauses (a) through (d) being referred to as “RESTRICTED PAYMENTS”).
(b) Notwithstanding the foregoing, the Company and its Restricted Subsidiaries may take the following actions, so long as no Default or Event of Default has occurred and is continuing or would occur:
(i) INTENTIONALLY OMITTED;
(ii) the repurchase, redemption or other acquisition or retirement for value of any shares of Capital Stock of the Company, in exchange for, or out of the net cash proceeds of a substantially concurrent issuance and sale (other than to a Subsidiary) of, Qualified Equity Interests of the Company or of the Parent, the proceeds of which are contributed to the Company as a capital contribution on a substantially concurrent basis;
(iii) the purchase, redemption, defeasance or other acquisition or retirement for value of any Subordinated Indebtedness in exchange for, or out of the net cash proceeds of a substantially concurrent issuance and sale (other than to a Subsidiary) of, shares of Qualified Equity Interests of the Company or of the Parent, the proceeds of which are contributed to the Company as a c...
Amendment to Restricted Payments Covenant. Section 7.5 of the Credit Agreement is hereby amended to delete the “; and” at the end of clause (e), to delete the period at the end of clause (I) thereof, to insert in lieu of such period “; and”, and to add thereto a new clause (g) which shall read in full as follows:
Amendment to Restricted Payments Covenant. Subsection 9.04(c) of the Credit Agreement shall be amended by inserting the following parenthetical immediately after the phrase “Event of Default”: (other than, solely with respect to the quarterly cash dividends of Available Cash declared and paid by the Borrower to the holders of its Equity Interests for the fiscal quarter ending March 31, 2013, any Default or Event of Default resulting from the Borrower’s failure to satisfy the covenants set forth in Section 9.01 for the Rolling Period ending March 31, 2013)
Amendment to Restricted Payments Covenant. Section 5.10(b) shall be amended by adding the following at the end thereof: provided that so long as (i) no Default or Event of Default then exists or would result therefrom, (ii) the Borrower will be in pro forma compliance with Sections 5.7, 5.8 and 5.9 for the four fiscal quarters ended immediately prior to the date of such prepayment (assuming the prepayment, repurchase, redemption or retirement described below had occurred on the first day of such period), the Borrower may prepay, repurchase, redeem or retire Senior Subordinated Notes in an amount equal to 100% of the amount, if any, by which (x) all Net Securities Proceeds received by the Borrower after March 1, 1998 and not required to be applied to reduce the Commitments pursuant to Section 2.11(c) of this Agreement or Section 3(b) of the Fifth Amendment to this Agreement or to prepay Synthetic Lease Obligations pursuant to Section 5.12(c) exceed (y) $50,000,000.
