Amendment to Schedule II. Schedule II to the Original Indenture is hereby amended by deleting it in its entirety and replacing it with Schedule II to this First Indenture Amendment.
Amendment to Schedule II. Schedule II to the Original Participation Agreement is amended by deleting it in its entirety and replacing it with Schedule II hereto.
Amendment to Schedule II. Schedule II to the Credit Agreement is hereby amended with respect to the Commitments as set forth on Schedule II attached hereto. The Lenders hereby agree among themselves (and Borrower hereby consents to such agreement) that, concurrently with the Second Amendment Effective Date, there shall be deemed to have occurred, to the extent necessary, assignments and assumptions with respect to the Commitments (and any Advances thereunder), and the other rights and obligations under the Credit Agreement such that, after giving effect to such assignments and assumptions and the transactions contemplated by this Amendment, the Commitments of each of the Lenders are as set forth on Schedule II attached hereto, and the Lenders hereby make such assignments and assumptions to the extent necessary.
Amendment to Schedule II. Schedule II is hereby amended and restated in its entirety in the form attached hereto as Schedule II.
Amendment to Schedule II. Schedule II to the Credit Agreement is amended in its entirety to read as set forth in Attachment 2 to this Amendment.
Amendment to Schedule II. The Credit Agreement is hereby amended by deleting Schedule II to the Credit Agreement in its entirety.
Amendment to Schedule II. Schedule II to the Credit Agreement is hereby amended by deleting the reference to "$1.00 par value" with respect to the Shares Authorized of Diamond Shamrock Refining and Marketing Company and replacing it with 11 0.01 par value."
Amendment to Schedule II. Schedule II of the Agreement is hereby amended and restated in its entirety to read as follows: “Schedule II – List of Founder Group Partners
Amendment to Schedule II. (Uniform Representations and Warranties).
(a) Section 5 is hereby amended by (i) deleting the words "March 31, 1995" and substituting therefor the words "June 28, 1996" and (ii) inserting immediately after the words "Exchangeable Preferred Stock" in clause (c) thereto the words "and the Carlyle 6% Preferred Stock.".
(b) Section 13 is hereby amended by (i) deleting the word "and" following the words "other existing Debt" and substituting therefor "," and (ii) deleting the period at the end thereof and substituting therefor the following new clause in its entirety: "and, subject to the consummation of the Carlyle Transaction, to make Investments, provided that with respect to any Investment made with the proceeds of any Loan (i) such Investment shall not be made on or before September 30, 1997, (ii) the aggregate amount of Loans used by the Company for such Investments shall not exceed $20,000,000.00 for any consecutive four-quarter period, (iii) such Investments shall not be an acquisition that has not been approved by the Board of Directors of the Person being acquired, (iv) such Investments shall not be of an entity organized under the laws of any jurisdiction other than the United States of America or any state thereof or Canada, (v) such Investments (whether pursuant to a single transaction or a series of related transactions) shall not be made for consideration greater than $10,000,000.00 unless EBITDA minus capital expenditures (each as defined under GAAP) for the Person being acquired shall be positive in the aggregate for no less than two fiscal years immediately preceding such purchase, (vi) after giving effect to such Loans, the Available Commitment of all Lenders is at least $5,000,000 and (vii) Borrowing Base excess on a pro forma basis after taking into account the inclusion of such assets being acquired shall be at least $20,000,000.00 until September 30, 1998, and at least $15,000,000.00 thereafter.".
Amendment to Schedule II. Schedule II of the Share Purchase Agreement is hereby amended and restated in its entirety as attached hereto as Exhibit A and all references to “Schedule II” in the Share Purchase Agreement shall hereby be deemed to refer to Exhibit A hereto.
