Amendment to Section 5.01 of the Credit Agreement. Clause (d) of Section 5.01 of the Credit Agreement shall be amended and restated in its entirety to read in full as follows:
Amendment to Section 5.01 of the Credit Agreement. (i) Effective from and after the date hereof, Section 5.01(e) of the Credit Agreement entitled “Borrowing Base Certificates and Other Reports” shall be amended and restated as follows:
Amendment to Section 5.01 of the Credit Agreement. Section 5.01(b) of the Credit Agreement is hereby amended by inserting after the phrase “within 60 days after the end of each of the first three fiscal quarters of each fiscal year of the Borrower” the following: “(or, in the case of the fiscal quarter ended March 31, 2004, before July 1, 2004)”.
Amendment to Section 5.01 of the Credit Agreement. (a) Section 5.01(a) of the Credit Agreement is amended by inserting the following text at the end thereof: ; provided, that, with respect to the fiscal year ended March 31, 2006, such financial statements, as of the end of and for the fiscal year ended March 31, 2006, may be delivered later than otherwise required hereunder, but (i) shall be delivered not later than September 15, 2006 and (ii) such financial statements shall be delivered together with a certificate of the Borrower’s chief financial officer, certifying that the financial statements present fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consistently applied;
(b) The proviso at the end of Section 5.01(b) of the Credit Agreement is hereby amended and restated in its entirety as follows: ; provided, that, (x) with respect to the fiscal quarter ended December 31, 2005, such financial statements, as of the end of and for the fiscal quarter ended December 31, 2005, may be delivered later than otherwise required hereunder, but (i) shall be delivered upon completion of the Financial Restatement, but in any event not later than August 15, 2006, (ii) such financial statements shall be accompanied by the Financial Restatement, (iii) such financial statements and Financial Restatement shall be delivered together with a certificate of the Borrower’s chief financial officer, certifying that (A) the financial statements and Financial Restatement present fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consistently applied, and (B) the Financial Restatement complies with the Financial Restatement Conditions and (iv) the Financial Restatement shall be delivered together with or shall include a report by Deloitte & Touche LLP or other independent public accountants of recognized national standing (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such portion of the Financial Restatement covering fiscal year 2005 presents fairly, in all material respects, the financial condition and results of operations of the Borrower and its Restricted Subsidiaries, in each case on a consolidated basis in accordance with GAAP consiste...
Amendment to Section 5.01 of the Credit Agreement. Section 5.01 of the Credit Agreement shall be amended to replace the reference to the “Dubai Borrower” in clause (n) thereof with a reference to the “UAE Borrower”, to delete the reference to “and” at the end of clause (n) thereof, to replace the period at the end of clause (o) thereof with “;”, and to add a new clauses (p) and (q) thereto which will read as follows:
Amendment to Section 5.01 of the Credit Agreement. Section 5.01 of the Credit Agreement (Financial Statements; and Other Information) shall be amended to add the following new paragraph immediately following paragraph (h) thereof: Notwithstanding the foregoing, the obligations in paragraphs (a) and (b) of this Section 5.01 may be satisfied with respect to financial information of the Borrower and its Subsidiaries by furnishing (A) the applicable consolidated financial statements of any direct or indirect Parent Entity of the Borrower that, directly or indirectly, holds all of the Equity Interests of the Borrower or (B) the Borrower’s (or any direct or indirect Parent Entity thereof, as applicable) Form 10-K or 10-Q, as applicable, filed with the SEC; provided that, with respect to each of clauses (A) and (B), (i) to the extent such information relates to a Parent Entity of the Borrower, such information is accompanied by consolidating information that explains in reasonable detail the differences between the information relating to the Borrower (or such parent), on the one hand, and the information relating to the Borrower and its Subsidiaries on a standalone basis, on the other hand and (ii) to the extent such information is in lieu of information required to be provided under Section 5.01(a), such materials are accompanied by a report and opinion by independent public accountants of recognized national standing, which report and opinion, subject to the same requirements and exceptions set forth under Section 5.01(a) above, shall be prepared in accordance with GAAP consistently applied.
Amendment to Section 5.01 of the Credit Agreement. The proviso at the end of Section 5.01 of the Credit Agreement shall be amended by replacing the reference to “$25,000,000” with a reference to “$27,250,000” and by replacing the reference to “$10,000,000” with a reference to “$12,000,000”.
Amendment to Section 5.01 of the Credit Agreement. (a) Section 5.01(a) of the Credit Agreement is amended by deleting the date “February 15, 2007” appearing in the proviso at the end thereof and substituting in lieu thereof the date “March 15, 2007”.
(b) The proviso at the end of Section 5.01(b) of the Credit Agreement is amended as follows: (i) clause (x) of such proviso is amended by deleting the date “February 15, 2007”, and substituting in lieu thereof the date “March 15, 2007”; and (ii) clauses (y), (z) and (zz) of such proviso are amended by deleting the date “March 15, 2007” and, in each case, substituting in lieu thereof the date “April 15, 2007”.
(c) Section 5.01 of the Credit Agreement is amended by (i) deleting the word “and” at the end of clause (f) thereof, (ii) deleting the period at the end of clause (g) thereof and substituting in lieu thereof the following: “; and” and (iii) adding at the end thereof the following:
Amendment to Section 5.01 of the Credit Agreement. The references to “December 31, 2010” in Section 5.01(f) of the Credit Agreement are hereby changed to “December 31, 2012”.
Amendment to Section 5.01 of the Credit Agreement. Section 5.01 of the Credit Agreement is hereby amended by (a) deleting the period which appears at the end of Section 5.01(i) and substituting in place thereof a semicolon; and (b) inserting the following new clauses (j) and (k):
