Amendment to Section 10.4. Section 10.4 of the Contribution Agreement is hereby amended by adding clause (c) to the end of the second sentence to read as follows: “and (c) HPX and the Contributor Parties shall have the right to assign its rights under Sections 5.9(a), 5.10(b), 5.17(f) and 5.29(e) to the initial purchaser of the Cylinder Exchange Business without the prior consent of Acquirer.”
Amendment to Section 10.4. Section 1.04 of the Credit Agreement is hereby amended to read as follows:
Amendment to Section 10.4. Section 10.4(c) of the Existing Credit Agreement is hereby amended by (i) deleting the phrase “indemnified party or parties” wherever it appears and inserting in lieu thereof the phrase “Indemnified Person or Persons” and (ii) deleting the phrase “indemnified party” wherever it appears and inserting in lieu thereof the phrase “Indemnified Person”.
Amendment to Section 10.4. Clause (i) of the first sentence of the second paragraph of subsection (c) Section 104 (“Acts of Holders; Record Dates”) is hereby amended and restated in its entirety to read as follows:
(i) any Notice of Default pursuant to Section 501(4),”
Amendment to Section 10.4. Section 10.4 of the Agreement is hereby amended by adding at the end thereof the following sentence: “Notwithstanding the foregoing, or any other provision of this Agreement, with respect to periods after December 31, 2003, the General Partner shall not be obligated to hold annual meetings of the Limited Partners.”
Amendment to Section 10.4. Section 10.4 of the Credit Agreement is hereby amended by (i) deleting the “and” immediately following clause (g) thereof and (ii) inserting the following immediately following clause (h) thereof and immediately preceding the “.” at the end thereof: ; and (i) in the case of National Beef Leathers, LLC, the XX Xxxxxxxx Bonds, so long as, in the case of this clause (i), no Default or Matured Default exists at the time such Indebtedness is incurred, created or assumed or will result therefrom
Amendment to Section 10.4. Section 10.4 of the Credit Agreement is amended by restating the first paragraph of such section in its entirety to read as follows: “Neither the Parent nor the Borrower shall, and neither the Parent nor the Borrower shall permit any other Loan Party or any other Subsidiary to, (a) enter into any transaction of merger or consolidation (other than (x) any transaction of merger or consolidation between or among Loan Parties; provided that if the Parent or the Borrower enters into such a transaction of merger, it is the survivor thereof, (y) any transaction of merger or consolidation of a Subsidiary that is not Loan Party into a Loan Party so long as the Loan Party is the survivor thereof and (z) any transaction of merger or consolidation between two or more Subsidiaries that are not Loan Parties); (b) liquidate, windup or dissolve itself (or suffer any liquidation or dissolution); (c) convey, sell, lease, sublease, transfer or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its business or assets, or the capital stock of or other Equity Interests in any of its Subsidiaries, whether now owned or hereafter acquired; or (d) acquire any assets of, or make an Investment in, any other Person (including, in the case of each of the foregoing clauses, pursuant to a Delaware LLC Division); provided, however, that any of the actions described in the immediately preceding clauses (a) through (d) may be taken with respect to the Borrower, any other Loan Party or any other Subsidiary so long as (x) immediately prior to the taking of such action, and immediately thereafter and after giving effect thereto, no Default or Event of Default is or would be in existence and (y) if as a result of any such transaction, or series of such actions, the amount of Consolidated Tangible Assets would increase or decrease by 25.0%, then prior to entering into such transaction the Parent shall deliver a Compliance Certificate executed on behalf of the Parent by a Financial Officer of the Parent demonstrating that the Parent would be in compliance with the covenants contained in Section 10.1 on a pro-forma basis after giving effect to such transaction as of the end of the most recent fiscal quarter for which financial statements are available; notwithstanding the foregoing, the Parent and the Borrower may not enter into a transaction of merger pursuant to which such Loan Party is not the survivor of such merger.”
Amendment to Section 10.4. Subsection 10.4(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
(a) Investments identified on Schedule 6.8 or Schedule 10.4, together with any future transfers of Investments described on Schedule 6.8, subject to the additional covenants set forth on Schedule 6.8;”
Amendment to Section 10.4. Section 1.04 of the Credit Agreement is hereby amended by adding a new clause (b) reading:
Amendment to Section 10.4. Section 10.4(d) of the Agreement is amended and restated in its entirety to read as follows:
