Amendment to Section 10.5. Section 105 of the Indenture is hereby amended by replacing Clause 2 thereof with the following:
Amendment to Section 10.5. Section 1.05 of the Credit Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding the foregoing, calculations for purposes of determining compliance with the covenants contained in Article VI (including Sections 6.11 and 6.12), Section 7.02 or otherwise for the purpose of determining the Total Secured Net Leverage Ratio, the Total Net Leverage Ratio, the Interest Coverage Ratio and Consolidated EBITDA, shall be made without giving effect to the Rambler On Acquisition on a Pro Forma Basis, but for the avoidance of doubt, shall include the results of Rambler On since the Rambler On Acquisition Date.”
Amendment to Section 10.5. Clause (X) of the first sentence of Section 10.5 of the Agreement is hereby amended and restated as follows:
Amendment to Section 10.5. Section 10.5 of the Credit Agreement is amended by replacing the text “during the term of this Agreement” appearing in clause (h) of such Section with the text “during the period from and including the Initial Extension Date to the termination of this Credit Facility”.
Amendment to Section 10.5. The Parties agree that Section 10.5 of the Agreement shall be amended to read, in its entirety: Board Approval. The Company’s Board of Directors shall have taken the action required by them pursuant to this Agreement, including an amendment to the Company’s articles of incorporation to adopt the rights and preferences of the Series D Preferred Shares, authorize issuance of the Series D Preferred Shares and the Conversion Shares to be issued upon conversion of the Series D Preferred Shares. Within ninety (90) days of the date hereof, the Company will seek to effect shareholder approval of a reverse stock split, a reduction in par value and to fix its authorized shares of Common Stock at an amount of at least 5,000,000,000 shares. Upon such shareholder approval the Company will reserve the appropriate number of Conversion Shares to be issued upon the conversion of the Series D Preferred Shares.
Amendment to Section 10.5. Section 10.5 of the LLC Agreement is hereby amended by deleting the words “120 days” in clause (a) of the proviso at the end thereof and inserting the words “160 days” in lieu thereof.
Amendment to Section 10.5. Section 1.05 of the Existing Credit Agreement is hereby amended by inserting the parenthetical “(other than with respect to Term Loans)” immediately after the term “Outstanding Amounts” set forth therein.
Amendment to Section 10.5. Section 1.05 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 10.5. Section 10.5 of the Credit Agreement is hereby amended to delete clauses (k) and (l) thereof in their entirety, redesignate clauses (m) and (n) as clauses (k) and (l), respectively, and restate clause (j) thereof in its entirety as follows:
Amendment to Section 10.5. (a) Section 10.5(a) of the Credit Agreement is hereby amended by deleting the words “including the reasonable fees and disbursements of counsel to each Agent” and inserting in lieu thereof “including but not limited to the reasonable fees and disbursements of counsel for the Administrative Agent, any other counsel that any of the Agents shall retain and any other third-party appraisers, consultants, financial consultants and auditors advising the Administrative Agent or retained by counsel for the Administrative Agent,”; and
