Amendment to Section 5.12 Sample Clauses

Amendment to Section 5.12. Section 5.12 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:

Amendment to Section 5.12. Section 5.12 of the Credit Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof:

Amendment to Section 5.12. Section 5.12 of the Merger Agreement is hereby amended by replacing the last clause with the following language: …the Company will reimburse Parent for (i) all payments made or then agreed to be made by the Company in exchange for the cancellation of Parent RSUs, and (ii) all actual Expenses incurred by Parent in connection with the negotiation, approval and consummation of the transactions contemplated by this Agreement, including the fees and disbursements of legal counsel filing fees and mailing costs for the Parent Registration Statement and proxy materials, up to a maximum of $640,000.

Amendment to Section 5.12. Section 5.12 of the Credit Agreement (New Vessels) is hereby deleted and replaced in its entirety with the following:

Amendment to Section 5.12. Section 5.12 of the Credit Agreement is hereby amended by: (a) amending and restating the introductory paragraph thereof as follows: The Borrower and HAI shall not, nor shall it permit any Subsidiary to, directly or indirectly, make, retain or have outstanding any investments (whether through purchase of stock or obligations or otherwise) in, or loans or advances (other than for travel advances and other similar cash advances made to employees in the ordinary course of business) to, any other Person, undertake any Acquisition, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another; provided, however, that the foregoing provisions shall not apply to nor operate to prevent: (b) adding the following new clauses (n) and (o) to the end of such Section (and making the appropriate punctuation and grammatical changes thereto):

Amendment to Section 5.12. The following sentence is added after the first sentence of Section 5.12 of the Credit Agreement: In addition to and not in limitation of the other provisions of this Section 5.12, from June 29, 2001 until the date that the Debt to Adjusted EBITDA Ratio is less than 3.00 to 1.00 as calculated for any fiscal quarter after March 31, 2001 and established by the delivery of a Covenant Compliance Certificate under Section 5.20(g)(i) (such period, herein the “Restriction Period”), Borrower shall not permit any of Restricted Subsidiary to, directly or indirectly, create, incur, assume, guarantee, or otherwise become directly or indirectly liable with respect to or otherwise permit any Indebtedness, except Indebtedness of such Subsidiaries disclosed on Schedule 3.13 hereto and additional Indebtedness in an aggregate amount not to exceed $10,000,000 for all Restricted Subsidiaries during the Restriction Period.

Amendment to Section 5.12. (Environmental and Other Laws) of the Existing Credit Agreement is amended by deleting “December 31, 2010” and inserting in lieu thereof “December 31, 2013”.

Amendment to Section 5.12. Section 5.12 of the Credit Agreement is hereby amended by replacing the word “or” set forth after the phrase “dated the Closing Date” with a comma and inserting the phrase “or the Third Tranche Loan Closing Date” immediately after the phrase “the Second Tranche Loan Closing Date”.

Amendment to Section 5.12. The table in Section 5.12 of the Credit Agreement is amended to read in its entirety as follows: PERIOD RATIO ------ ----- On or before March 31, 1999 1.30 April 1, 1999 - June 30, 1999 1.20 July 1, 1999 - December 31, 1999 1.10 January 1, 2000 - March 31, 2000 1.20 April 1, 2000 - June 30, 2000 1.30 July 1, 2000 - September 30, 2000 1.40 October 1, 2000 - December 31, 2000 1.50 January 1, 2001 - June 30, 2001 1.75 July 1, 2001 - December 31, 2001 1.90 January 1, 2002 - December 31, 2002 2.40 Thereafter 2.60