Amendment to Section 6.07. Section 6.07 of the Credit Agreement is hereby amended by deleting such section in its entirety and substituting in lieu thereof the following:
Amendment to Section 6.07. Section 6.07 of the Credit Agreement is amended by restating clause (e) thereof as follows:
Amendment to Section 6.07. Section 6.07 of the Credit Agreement is hereby amended by inserting “; provided that, no such purchase shall be made during the period from the Fourth Amendment Effective Date through the Cash Collateral Termination Date” immediately after “purchases by the Parent of its common stock”.
Amendment to Section 6.07. Section 6.07 of the Credit Agreement is hereby amended to delete the “and” at the end of clause (d) thereof, replace the “.” following clause (e) thereof with “; and” and add the following new clauses (f), (g), (h) and (i) to the end of said definition:
Amendment to Section 6.07. Section 6.07 of the Credit Agreement is hereby amended by (A) amending and restating clause (d) thereof in its entirety as follows “for any guaranty by the Borrower or the Guarantors of Indebtedness or other obligations of joint ventures, and for any guaranty by the Borrower and the Guarantors of Indebtedness or other obligations of other Persons, in each case to the extent permitted by Section 6.10(i)”, (B) inserting at the end of clause (e) thereof the words “for purposes other than those described in
Amendment to Section 6.07. Section 6.07 is hereby amended and restated in its entirety to read as follows: Permit Consolidated Stockholders’ Equity, at any time, to be less than $315,000,000 increased on a cumulative basis at the end of each fiscal quarter of the Borrower, beginning with the fiscal quarter ended September 30, 2007, by an amount equal to 50% of Consolidated Net Income (to the extent positive) for the fiscal quarter then ended.
Amendment to Section 6.07. Section 6.07 of the Existing Credit Agreement is hereby amended by replacing the language in clause (i), in its entirety, with the following language: “any such sale of any fixed or capital assets by any Borrower or any Subsidiary that is made for cash consideration in an amount not less than the fair value of such fixed or capital asset and is consummated within 270 days after such Borrower or such Subsidiary acquires or completes the construction of such fixed or capital asset, provided that the aggregate amount of sale and leaseback transactions consummated pursuant to this clause (i) shall not exceed (x) $100,000,000 plus (y) an amount, when aggregated with the outstanding principal amount of obligations incurred pursuant to Section 6.01(t) and obligations secured pursuant 6.02(n), shall not exceed the greater of (x) $50,000,000 and (y) 2.0% of Total Assets at the time of incurrence (and after giving effect thereto and to related acquisitions and dispositions of assets), as determined based on the financial statements of the Company most recently delivered pursuant to Section 5.01(a) or (b),”.
Amendment to Section 6.07. Section 6.07 of the Credit Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 6.07. Section 6.07 of the Purchase Agreement is amended and restated to read in its entirety as follows:
Amendment to Section 6.07. Section 6.07 of the Credit Agreement is hereby amended by (i) deleting the word “and” immediately prior to clause (b) and inserting “,” in replacement thereof and (ii) inserting the following text “and (c) the Company may enter into, and perform its obligations under, the Permitted Convertible Notes Hedging Agreements” immediately prior to the final period therein.
