Amendment to Section 5.1(a). Section 5.1(a) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.1(a). Section 5.1(a) of the Purchase Agreement is amended and restated in its entirety by the following:
Amendment to Section 5.1(a). Section 5.1(a) of the Credit Agreement is hereby amended by replacing the reference to “Section 2.14(f)” with a reference to “Section 2.14(g)”.
Amendment to Section 5.1(a). Section 5.1(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.1(a). Section 5.1(a) of the Purchase Agreement shall be amended to add the following sentences as the final sentences thereof: “Following delivery of each quarterly report, the Holders will have the opportunity to review the contents of the quarterly report with members of the executive management of the Parent, including without limitation the Parent’s Chief Financial Officer, subject to customary confidentiality undertakings if any non-public information is requested to be presented in such meetings. The Parent shall determine the time and location thereof and notice thereof will be provided to each Holder at least 15 Business Days in advance. Telephonic attendance will be permitted on the part of any of the Parent’s representatives and/or any Holder. In addition, as soon as available and in any event within 15 days of the end of each month that is not the end of a Fiscal Quarter, the Company shall deliver to each Electing Holder (as defined below) the unaudited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal period and the related consolidated statements of income and cash flows of the Parent and its Subsidiaries for such fiscal period and for the period from the beginning of the then current Fiscal Year to the end of such fiscal period, setting forth in each case in comparative form (x) with respect to such statements of income, the corresponding figures for the corresponding periods for the previous Fiscal Year, and (y) with respect to such balance sheets, the corresponding figures as of the end of the previous Fiscal Year, all in reasonable detail. Following delivery of each monthly report, the Electing Holders will have the opportunity to review the contents of the monthly report with members of the executive management of the Parent, including without limitation the Parent’s Chief Financial Officer. The Parent shall determine the time and location thereof and notice thereof will be provided to each Electing Holder at least 5 Business Days in advance. Telephonic attendance will be permitted on the part of any of the Parent’s representatives and/or any Electing Holder. For purposes hereof, “Electing Holder” means a Holder that has notified the Parent that it wishes to receive the monthly reports described above, and has provided a confidentiality undertaking reasonably satisfactory to Parent, provided that such a Holder shall cease to be an Electing Holder upon it notifying the Parent in writing that it no longer ...
Amendment to Section 5.1(a). Section 5.1(a) of the Partnership Agreement is hereby amended as follows: (a) the reference in Section 5.1(a) (second paragraph) of the Partnership Agreement to March 1, 2008, is hereby amended to be deemed a reference to March 31, 2008; provided further that the following Qualified Assumed Assets may be acquired at any time prior to June 30, 2008: (i) Invensys, (ii) Sygma, (iii) Time, (iv) Tenneco and (v) St. Lukes/Xxxxxx Xxxxxxx, and (b) the reference in Section 5.1(a) (third paragraph) to March 1, 2008, is hereby amended to be deemed a reference to June 30, 2008.
