Amendment to Section 10.10. Section 10.10 of the Credit Agreement is hereby amended by (a) inserting the words “; provided that, in connection with the delivery of any Mortgages, the Administrative Agent shall receive, with regards to certain laws of the State of California, a legal opinion of Day Xxxxxx & Xxxxxx LLP or other California counsel to the Borrower, in a form and substance reasonably satisfactory to the Administrative Agent, and in each case, subject to customary qualifications and exceptions” immediately following the words “Collateral Requirements” contained in Subsection 10.10(a)(iii) thereof and (b) inserting the following new Subsections 10.10(e) and 10.10(f):
Amendment to Section 10.10. Section 1010 of the Indenture is hereby amended by deleting the existing Section 1010 in its entirety and replacing it with the following:
Amendment to Section 10.10. Section 10.10 of the Credit Agreement is hereby amended by deleting Subsections 10.10(a) and 10.10(b) in their entirety and adding the following as new Subsections 10.10(a) and 10.10(b):
(a) Subject to any applicable limitations set forth in the Security Documents or the Pledge Agreement, upon the occurrence and during the continuation of a Borrowing Base Trigger Period, as soon as practicable using commercially reasonable efforts (and executing and delivering each Security Document as it may become available), but in any event within sixty (60) days (or such longer period as the Administrative Agent shall agree) of the first day of such Borrowing Base Trigger Period, the Borrower will execute 509265-1868-14449-Active.18623094.29 and cause its Material Subsidiaries to execute: (i) the Pledge Agreement, (ii) the Security Agreement and (iii) any Mortgages such that after giving effect thereto the Borrower will meet the Collateral Requirements.
(b) Subject to any applicable limitations set forth in the Guarantee or the Security Documents, the Borrower will cause any direct or indirect Material Subsidiary formed or otherwise purchased or acquired after the Third Amendment Effective Date (including pursuant to a Permitted Acquisition), within thirty (30) days from the date of such formation or acquisition (or such longer period as the Administrative Agent may agree in its reasonable discretion) to execute a supplement to each of the Guarantee, and during a Borrowing Base Trigger Period, the Security Agreement and the Pledge Agreement, in each case, in order to become a Guarantor under the Guarantee, a grantor under the Security Agreement and a pledgor under the Pledge Agreement. On the Third Amendment Effective Date, the Borrower will cause any Material Subsidiary that is not then a party to the Guarantee, the Security Agreement or the Pledge Agreement to execute a supplement to each of the Guarantee, the Security Agreement and the Pledge Agreement, as applicable, in each case, in order to become a Guarantor under the Guarantee, a grantor under the Security Agreement and a pledgor under the Pledge Agreement.
Amendment to Section 10.10. Section 1010 of the Original Indenture shall be and hereby is replaced in its entirety to read as follows:
Amendment to Section 10.10. Section 10.10(b) of the Credit Agreement is hereby amended by replacing the text “Foreign Guaranteed Obligations” in the last sentence of such Section with the text “Guaranteed Obligations”.
Amendment to Section 10.10. SECTION 4.01. Section 1010 of the Indenture is amended to read in its entirety as follows: The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into or suffer to exist any transaction or series of related transactions (including, without limitation, the sale, purchase, exchange or lease of assets, property or services) with any Affiliate of the Company (other than the Company or a Wholly Owned Subsidiary) unless (i) such transaction or series of related transactions is on terms that are no less favorable to the Company or such Subsidiary, as the case may be, than would be available in a comparable transaction in arm's-length dealings with an unrelated third party and (ii) with respect to any one transaction or series of related transactions involving aggregate payments in excess of $1 million, the Company delivers an officers' certificate to the Trustee certifying that such transaction or series of related transactions complies with clause (i) above and such transaction or series of related transactions has received the approval of a majority
Amendment to Section 10.10. Section 1010 of the Original Indenture shall be amended and restated in its entirety to read as follows: The Company will at all times during the term of the Debentures keep and maintain Consolidated Net Worth at an amount not less than Seven Million Dollars ($7,000,000) plus 50% of the positive Consolidated Net Income earned after January 29, 1999.
Amendment to Section 10.10. Section 10.10 of the Note Agreement shall be and is hereby amended in its entirety to read as follows:
Amendment to Section 10.10. Section 10.10 of the Credit Agreement is hereby amended by adding to the end thereof, but before the period, the following parenthetical phrase: “(the German Borrowers shall also comply with any provisions in the “German Opco Security Documents” (as defined in the Guaranty and Collateral Agreement) with respect to deposit accounts)”.
Amendment to Section 10.10. Section 10.10 of the Credit Agreement is hereby amended by replacing the last sentence of such Section with the following two sentences:
