Amendment to Section 5.9(a) Clause Samples
The "Amendment to Section 5.9(a)" clause serves to modify or update the terms originally set out in Section 5.9(a) of an agreement. This amendment may involve changing specific obligations, deadlines, or procedures previously established, such as adjusting payment terms or revising performance requirements. By formally altering the original section, the clause ensures that the contract reflects the parties' current intentions and addresses any issues or changes that have arisen since the agreement was first executed.
Amendment to Section 5.9(a). Section 5.9(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.9(a). Section 5.9(a) of the Contribution Agreement is hereby amended by adding as the last sentence thereof the following: “Notwithstanding anything in the Agreement to the contrary, Acquirer acknowledges that any and all information provided or made available to it by the Contributor Parties (or their Representatives) before or after the Contribution Closing concerning the Cylinder Exchange Business will remain subject to the terms and conditions of such Confidentiality Agreement after the Contribution Closing.”
Amendment to Section 5.9(a). Section 5.9(a) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.9(a). The Total Leverage Ratio grid contained in Section 5.9(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: Closing Date through and including December 31, 2010 3.50 to 1.00 January 1, 2011 through and including March 31, 2011 3.25 to 1.00 April 1, 2011 through and including June 30, 2011 3.50 to 1.00 July 1, 2011 through and including September 30, 2011 2.75 to 1.00 October 1, 2011 and thereafter 2.50 to 1.00
Amendment to Section 5.9(a). Clause (i) contained in Section 5.9(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
(i) Prior to the occurrence of a Financial Covenant Election, the Total Leverage Ratio, calculated as of the last day of each fiscal quarter, shall be less than or equal to (A) for each fiscal quarter ended prior to a Qualified Equity Issuance (other than the fiscal quarter ended November 30, 2015), 3.00 to 1.00, (B) for each fiscal quarter ended following a Qualified Equity Issuance, 3.25 to 1.00 and (C) for the fiscal quarter ended November 30, 2015, 4.25 to 1.00; or
Amendment to Section 5.9(a). Section 5.9(a) of the Credit Agreement is hereby deleted in its entirety and replaced with the following: