Amendment to Section 1.1 (Definitions). The definition of “
Amendment to Section 1.1 (Definitions). Section 1.1 (Definitions) of the Merger Agreement is hereby amended as follows:
Amendment to Section 1.1 (Definitions). Section 1.1 of the Agreement is amended to add the following definition, in proper alphabetical order, thereto:
Amendment to Section 1.1 (Definitions). Section 1.1 of the Original Agreement is hereby amended and supplemented to add the following definitions:
Amendment to Section 1.1 (Definitions). Section 1.1 of the Credit Agreement is hereby amended by:
Amendment to Section 1.1 (Definitions). Section 1.1 of the Credit Agreement shall be amended by amending the following definitions (to the extent already included in said Section 1.1) and adding the following definitions in the appropriate alphabetical location (to the extent not already included in said Section 1.1):
Amendment to Section 1.1 (Definitions). Section 1.1 of the Lease is hereby amended to include the following definitions:
Amendment to Section 1.1 (Definitions). Each of the defined terms in the lettered paragraphs (h), (k), (p), (r), (fff), (iii), (ooo), (qqq), (zzz) and (nnnn) under Section 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following defined term set forth in the corresponding lettered paragraph:
Amendment to Section 1.1 (Definitions). Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order: “Acquisition Credit Agreement. That certain Credit Agreement dated as of April [1], 2008 by and among the Borrower, the lenders party thereto from time to time, Xxxxxx Commercial Paper Inc., in its capacity as administrative agent, and Bank of America, N.A. and HSBC Bank USA, National Association as co-syndication agents, as the same may be amended and in effect from time to time.
Amendment to Section 1.1 (Definitions). (a) The fourth paragraph of the definition of “Excess Cash Flow” is hereby deleted in its entirety and replaced with the following: “minus (iii) the amount of (x) all payments permitted under Section 4.9 of this Indenture, including, without limitation, payments under Management Arrangements under clause (v) of Section 4.9(b), and made during such period or any prior period by such Person and its Restricted Subsidiaries to the extent not already deducted in computing Consolidated Net Income or previously deducted pursuant to this paragraph in any prior period and (y) any Permitted Investments made during such period by such Person and its Restricted Subsidiaries to the extent not already deducted in computing Consolidated Net Income, provided that, solely for the purpose of this calculation, the aggregate amount that may be deducted pursuant to this clause (iii) shall not exceed $1.0 million in any six month period ending March 31 or September 30, provided, further that if the amount actually deducted pursuant to this clause (iii) is less than $1.0 million in any six month period ending March 31 or September 30, then the difference between such amount and $1.0 million shall be applied to increase the amount that may be deducted pursuant to this clause (iii) in any subsequent six month period ending March 31 or September 30, and provided, further that, solely with respect to the six month period ending March 31, 2007, payments permitted under Section 4.9 of this Indenture shall be deducted pursuant to clause (x) of this paragraph only to the extent that such payments exceed $35.0 million.”
