Amendment to Section 1.1: Existing Definitions Sample Clauses

Amendment to Section 1.1: Existing Definitions. Section 1.1 of the Credit Agreement is hereby further amended by amending and restating the following definitions: Applicable Margin means, for any day on or after March 31, 2009, the applicable rate per annum set forth below with respect to the applicable period set forth below plus, with respect to interest on the Loans (for any day on or after October 1, 2010), the Incremental Margin (it being understood and agreed that the Applicable Margin for (i) LIBOR Loans shall be the applicable percentage set forth under the column “LIBOR Margin” for the applicable period plus (for any day on or after October 1, 2010) the applicable Incremental Margin, (ii) Base Rate Loans shall be the applicable percentage set forth under the column “Base Rate Margin” for the applicable period plus (for any day on or after October 1, 2010) the applicable Incremental Margin, (iii) the Non-Use Fee Rate shall be the applicable percentage set forth under the column “Non-Use Fee Rate” for the applicable period and (iv) the L/C Fee Rate shall be the applicable percentage set forth under the column “L/C Fee Rate” for the applicable period): Applicable LIBOR Base Rate Non-Use L/C Fee Period Margin Margin Fee Rate Rate March 31, 2009 to and including May 15, 2011 4.50 % 3.00 % 0.500 % 4.50 % On and after May 16, 2011 5.50 % 4.00 % 0.500 % 5.50 % Warrants means, collectively, (i) those certain warrants (the “2010 Warrants”) issued by the Parent on the Eighth Amendment Effective Date to each of the Lenders signatory to Amendment No. 8 on the Eighth Amendment Effective Date for the purchase (in the aggregate) of 352,671 shares of the Parent’s Class A Common Stock with such shares being equal to two percent (2%) (in the aggregate) of all of the then issued and outstanding shares of the Parent’s Common Stock (of any Class) on a fully diluted basis, such warrants to be substantially in the form of Attachments X-0, X-0 xxx X-0 to Amendment No. 8, and (ii) those certain warrants (the “2011 Warrants”) issued by the Parent on or about the Tenth Amendment Effective Date to each of the Lenders signatory to Amendment No. 10 for the purchase (in the aggregate) of 372,373 shares of the Parent’s Class A Common Stock with such shares being equal to two percent (2%) (in the aggregate) of all of the issued and outstanding shares of the Parent’s Common Stock (of any Class) on a fully diluted basis, such warrants to be substantially in the form of Attachments X-0, X-0 xxx X-0 to Amendment No. 10, which term ...
Sample 1
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Amendment to Section 1.1: Existing Definitions. Section 1.1 of the Credit Agreement is hereby further amended by amending and restating the following definitions: Applicable Margin means, for any day on or after March 31, 2009, the applicable rate per annum set forth below with respect to the applicable period set forth below plus, with respect to interest on the Loans (for any day on or after October 1, 2010), the Incremental Margin (it being understood and agreed that the Applicable Margin for (i) LIBOR Loans shall be the applicable percentage set forth under the column “LIBOR Margin” for the applicable period plus (for any day on or after October 1, 2010) the applicable Incremental Margin, (ii) Base Rate Loans shall be the applicable percentage set forth under the column “Base Rate Margin” for the applicable period plus (for any day on or after October 1, 2010) the applicable Incremental Margin, (iii) the Non-Use Fee Rate shall be the applicable percentage set forth under the column “Non-Use Fee Rate” for the applicable period and (iv) the L/C Fee Rate shall be the applicable percentage set forth under the column “L/C Fee Rate” for the applicable period): Applicable LIBOR Base Rate Non-Use L/C Fee Period Margin Margin Fee Rate Rate March 31, 2009 to and including May 15, 2011 4.50 % 3.00 % 0.500 % 4.50 % May 16, 2011 to and including October 13, 2011 5.50 % 4.00 % 0.500 % 5.50 % On and after October 13, 2011 7.50 % 6.00 % 0.500 % 7.50 % Incremental Margin means, for any date of determination, the rate per annum set forth in the below chart with respect to the below referenced periods: Period Incremental Margin October 1, 2010 through and including December 31, 2010 1.0 % January 1, 2011 through and including March 31, 2011 1.5 % April 1, 2011 through and including June 30, 2011 2.0 % July 1, 2011 through and including September 30, 2011 2.5 % October 1, 2011 through and including December 31, 2011 3.0 % January 1, 2012 through and including March 31, 2012 3.5 % April 1, 2012 and each day thereafter 4.0 %
Sample 1

Related to Amendment to Section 1.1: Existing Definitions

  • Amendment to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:

  • Amendment to Section 12 Section 12 of the Agreement is hereby amended as follows:

  • Amendment to Section 1.01 Section 1.01 of the Credit Agreement is hereby amended as follows:

  • Amendment to Section 7 16. Section 7.16 of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 6 11. Section 6.11 is hereby amended in its entirety to read as follows:

  • Amendment to Section 10 6.4. Section 10.6.4 of the Credit Agreement is amended in its entirety to read as follows:

  • Amendment to Section 3 4. Section 3.4 of the Note is amended to read in its entirety as follows:

  • Amendment to Section 4 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 2 06(a). Section 2.06(a) of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 13 Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”

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