Amendment to Section 1.2 of the Credit Agreement. Section 12 of the Credit Agreement is amended and restated in its entirety to hereafter read as follows:
Amendment to Section 1.2 of the Credit Agreement. Section 12 of the Credit Agreement shall be amended by adding the following new Section 12.13 at the end thereof:
Amendment to Section 1.2 of the Credit Agreement. Effective as of the Effective Date, Section 1.2 is hereby amended as follows:
Amendment to Section 1.2 of the Credit Agreement. Section 12 of the Credit Agreement is hereby amended by adding a new Section 12.15 immediately following Section 12.14 of the Credit Agreement, which new Section 12.15 shall read in full as follows:
Amendment to Section 1.2 of the Credit Agreement. The definition of “EBITDA” set forth in Section 1.2 of the Credit Agreement is hereby amended and restated in its entirety as follows:“EBITDA” shall mean for any period the sum of (i) net income (or loss) of Borrowers on a Consolidated Basis for such period (excluding extraordinary gains and losses), plus (ii) all interest expense of Borrowers on a Consolidated Basis for such period, plus (iii) all charges against income of Borrowers on a Consolidated Basis for such period for federal, state and local taxes actually paid, plus (iv) depreciation expenses for such period, plus (v) amortization expenses for such period, plus (vi) net proceeds of equity raised.
Amendment to Section 1.2 of the Credit Agreement. The pricing grid set forth in the definition of “Applicable Margin” in Section 1.2 of the Credit Agreement is hereby amended and restated to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as follows: Level Average Undrawn Availability Applicable Margin for Domestic Rate Loans (other than during the Enhanced Margin Period) Applicable Margin for Domestic Rate Loans (during the Enhanced Margin Period) Applicable Margin for LIBOR Rate Loans (other than during the Enhanced Margin Period) Applicable Margin for LIBOR Rate Loans (during the Enhanced Margin Period) I ≥ $4,000,000 1.00% 1.25% 2.50% 2.75% II < $4,000,000 and ≥ $3,000,000 1.50% 1.75% 3.00% 3.25% III < $3,000,000 2.00% 2.25% 3.50% 3.75%
Amendment to Section 1.2 of the Credit Agreement. The definition of “Financial Covenant Period” set forth in Section 1.2 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 1.2 of the Credit Agreement. Subparagraph (c) of Section 1.2 of the Credit Agreement is amended and restated in its entirety to hereafter read as follows:
Amendment to Section 1.2 of the Credit Agreement. Section 1.2 of the Credit Agreement is hereby amended by inserting the following sentence immediately after the last sentence of the current Section 1.2 of the Credit Agreement: Notwithstanding the foregoing, all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made without giving effect to any change in accounting treatment of “operating” and “capital” leases scheduled to become effective for fiscal years beginning after December 15, 2018 as set forth in the Accounting Standards Update No. 2016-02, Leases (Topic 842), issued by the Financial Accounting Standards Board in February 2016, or any similar publication issued by the Financial Accounting Standards Board in connection therewith, in each case if such change would require treating any lease (or similar arrangement conveying the right to use) as a capital lease where such lease (or similar arrangement) was not required to be so treated under GAAP as in effect prior to December 15, 2018.
Amendment to Section 1.2 of the Credit Agreement. (a) The defined term “GSO” in Section 1.2 of the Credit Agreement is hereby amended and restated in proper alphabetical order to the below and (x) all instances of the defined term “GSO” in the Other Documents shall refer as of the date hereof to “FS” (as defined below) and (y) all instances of “GSO” in the Other Documents, however appearing, will be replaced with “FS” other than the references to GSO in Section 8.1 of the Credit Agreement (Closing Date Conditions):
