Amendment to Section 6.1 of the Credit Agreement. Section 6.1 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of Section 6.1(c), (ii) renaming Section 6.1(d) as Section 6.1(e) and (iii) inserting the following new Section 6.1(d):
(d) not later than 5:00 p.m. (Dallas, Texas time) on Friday of each calendar week, commencing with the first such Friday to occur on or after the Second Amendment Effective Date, (i) a consolidated rolling thirteen-week cash flow forecast for the Borrower and its consolidated Subsidiaries, in form reasonably satisfactory to the Administrative Agent, (ii) a report showing on a weekly basis for the immediately preceding week, beginning and ending liquidity for the Borrower and its consolidated Subsidiaries, weekly cash receipts and disbursements for the Borrower and its consolidated Subsidiaries, and ending accounts receivable, accounts payable and inventory for the Borrower and its consolidated Subsidiaries, (iii) a report showing on a weekly basis for the immediately preceding week, in each case for the Borrower and its consolidated Subsidiaries, sales by key product category, and details of numbers of orders (and order fulfillment rate), average order size, number of decorating consultants for the “direct selling domestic business” (as defined in the Borrower’s March 31, 2005 10-Q), and (iv) a consolidated comparison, in form reasonably satisfactory to the Administrative Agent, of actual performance for the immediately preceding calendar week (other than with respect of the first Friday to occur on or after the Second Amendment Effective Date) to the consolidated cash flow forecast covering such week for the Borrower and its consolidated Subsidiaries most recently delivered to the Administrative Agent, and a explanation for any material variances in detail reasonably satisfactory to the Administrative Agent; and”
Amendment to Section 6.1 of the Credit Agreement. Section 6.1 of the Credit Agreement is hereby amended by adding new Sections 6.1(i) and (j) as follows:
Amendment to Section 6.1 of the Credit Agreement. Section 6.1 of the Credit Agreement is hereby amended to add the following proviso at the end of the first sentence thereof: “, provided, that, with respect to period ended September 30, 2006, such financial statements and certificate, as of the end of and for the fiscal year ended September 30, 2006, may be delivered later than otherwise required hereunder, but (i) shall be delivered as soon as available upon completion of the Financial Restatement, but in any event not later than February 15, 2007, (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 Condition and (iv) the Financial Restatement shall be delivered together with or shall include a report by 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 the fiscal year ended September 30, 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.”
Amendment to Section 6.1 of the Credit Agreement. Section 6.1(a) of the Credit Agreement is hereby amended as of the Fourth Amendment Effective Date by deleting the word “and” before clause (v) therein and inserting a new clause (vi) at the end of clause (v) to read as follows: “and (vi) Borrower may form any wholly-owned foreign Subsidiaries of Borrower or any other Loan Party; provided, that investments made by the Loan Parties in such wholly-owned foreign Subsidiaries shall not exceed the limit set forth in Section 6.2(i); and provided further, that at the time of formation the provisions of Section 5.16(a) are complied with.”
Amendment to Section 6.1 of the Credit Agreement. Section 6.1 of the Credit Agreement, Indebtedness, is hereby amended by (i) deleting the word “and” at the end of subsection (d) thereof, (ii) deleting the period at the end of subsection (e) thereof and inserting a comma and the word “and” in its stead, and (iii) adding the following new clause (f) to the end thereof to read in its entirety as follows:
Amendment to Section 6.1 of the Credit Agreement. Section 6.1(t) of the Credit Agreement is amended and restated in its entirety as follows:
Amendment to Section 6.1 of the Credit Agreement. Section 6.1 of the Credit Agreement is hereby amended by deleting the “and” following Section 6.1(a), deleting the “.” at the end of Section 6.1(b) and inserting “; and” in lieu thereof, and adding the following new Section 6.1(c) reading as follows:
Amendment to Section 6.1 of the Credit Agreement. Effective as of the Fourth Amendment Effective Date, Section 6.1 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of clause (p) thereof, (ii) replacing the period at the end of clause (q) thereof with “; and” and (iii) adding the following new clause (r) thereto: “(r) PPP Indebtedness.”
Amendment to Section 6.1 of the Credit Agreement. Section 6.1 (r) of the Credit Agreement is hereby amended by amending and restating such Section in its entirety to read as follows: “(r) during the month of November through April, as soon as possible and in any event of each Monday, the weekly accounts receivable agings and inventory updates with respect to the prior week; and”.
