Amendment to Section 2.12 Sample Clauses

Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby amended by inserting the following new subsection 2.12(e) at the end of such Section: “(e) Notwithstanding anything to the contrary, each prepayment of Term Loans pursuant to Section 2.11(a) made on or before the date that is one year after the First Amendment Effective Date in connection with any Repricing Transaction shall be accompanied by a prepayment premium equal to 1.00% of the aggregate principal amount of each such prepayment.”

Amendment to Section 2.12. Section 2.12(b)(ii) of the Existing Credit Agreement is hereby amended to delete (i) the phrase “and Reimbursement Obligations” where it appears immediately after the phrase “third, to principal” and (ii) the word “and” where it appears immediately after the phrase “(other than principal due and owing under Negotiated Rate Loans)”.

Amendment to Section 2.12. Section 2.12 of the Credit Agreement shall be deleted in its entirety and amended to read in full as follows:

Amendment to Section 2.12. Section 2.12(e) of the Credit Agreement is hereby amended and restated as follows:

Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby amended by deleting paragraph (a) in its entirety and substituting in lieu thereof the following:

Amendment to Section 2.12. Section 2.12 of the Credit Agreement shall be amended to add the following parenthetical following the term “Availability” therein: “(without giving effect to any Availability Block)”.

Amendment to Section 2.12. Section 2.12 of the Purchase Agreement is hereby deleted in its entirety and amended to read as follows:

Amendment to Section 2.12. The fourth sentence of Section 2.12 of the Indenture is hereby amended to read in its entirety as set forth below: Additional Notes may be issued without additional collateral, provided, that the DSCR, after giving effect to such issuance, is greater than or equal to 2.0 to 1.0, and a Rating Agency Confirmation is obtained with respect to the Notes.

Amendment to Section 2.12. Section 2.12(e) of the Credit Agreement is hereby amended by adding the following immediately before the period at the end of the first sentence thereof: and provided further that the Applicable Prepayment Percentage of up to an aggregate of $80,000,000 of the Net Cash Proceeds received by Holdings from one or more Qualified Public Offerings by Holdings shall not be required to be applied as a mandatory repayment on the date of receipt thereof to the extent that such Net Cash Proceeds are used by Holdings or the US Borrower within 120 days of the date of consummation of the relevant Qualified Public Offering to either (1) redeem the 2003 Notes, Additional Senior Subordinated Notes, Discount Notes or Senior Subordinated Notes, in each case in accordance with their terms as in effect on the date hereof, or (2) repurchase or otherwise acquire for value the 2003 Notes, Additional Senior Subordinated Notes, Discount Notes or Senior Subordinated Notes at a purchase price that does not exceed the redemption price that would be payable on the date of repurchase if the applicable notes were redeemed on such date pursuant to the immediately preceding clause (1), in each case in accordance with Section 7.12(b)(vii), and if all or any portion of such Net Cash Proceeds are not so used (or contractually committed to be used) within such 120-day period, such remaining portion shall be applied on the last day of such period (or such earlier date, if any, as Holdings or the US Borrower determines not to so apply such Net Cash Proceeds as set forth in this proviso) as a mandatory repayment as provided above (without giving effect to this proviso).