Amendment to Section 7 of the Credit Agreement. The Credit Agreement is hereby amended by adding a new Section 7.20 reading as follows:
Amendment to Section 7 of the Credit Agreement. (a) Section 7.1(a) of the Credit Agreement is hereby amended by deleting the portion of the table set forth therein covering the fiscal quarters set forth below and substituting therefor the following: 12/31/05 03/31/06 06/30/06 09/30/06 12/31/06 03/31/07 06/30/07 09/30/07 – 12/31/07 03/31/08 – 12/31/08 03/31/09 and thereafter 3.75:1.00 4.75:1.00 4.75:1.00 4.25:1.00 3.25:1.00 3.00:1.00 2.75:1.00 2.50:1.00 2.25:1.00 2.00:1.00
(b) Section 7.1(b) of the Credit Agreement is hereby amended by deleting the portion of the table set forth therein covering the fiscal quarters set forth below and substituting therefor the following: 03/31/06 06/30/06 09/30/06 12/31/06 and thereafter 3.50:1.00 3.50:1.00 3.75:1.00 4.50:1.00
(c) Section 7.1(c) of the Credit Agreement is hereby amended by deleting the portion of the table set forth therein covering the fiscal quarters set forth below and substituting therefor the following: 03/31/06 06/30/06 09/30/06 12/31/06 and thereafter 1.60:1.00 1.60:1.00 1.75:1.00 2.15:1.00
Amendment to Section 7 of the Credit Agreement. Section 7 of the Credit Agreement is hereby amended with respect to each Lender that has executed and delivered this Amendment by deleting the pricing chart set forth in Section 7.14 in its entirety and substituting the following new pricing chart in lieu thereof: 1 ³3.5:1 0.00 % 1.750 % 0.75 % 1.750 % 0.500 % 2 ³4.5:1 0.00 % 1.500 % 0.625 % 1.500 % 0.400 % 3 ³6.0:1 0.00 % 1.375 % 0.50 % 1.375 % 0.375 % 4 ³7.25:1 or 0.00 % 1.250 % 0.50 % 1.250 % 0.350 % 5 ³8.5:1 or 0.00 % 1.125 % 0.50 % 1.125 % 0.300 % 6 ³10.0:1 or 0.00 % 1.000 % 0.45 % 1.000 % 0.300 % 7 ³12.0:1 and 0.00 % 0.875 % 0.35 % 0.875 % 0.250 %
Amendment to Section 7 of the Credit Agreement. The provisions of Section 7 of the Credit Agreement are hereby amended as follows:
i. The provisions of Section 7.1.1 of the Credit Agreement are hereby amended by deleting Exhibit 7.1.1 and substituting Exhibit 7.1.1 attached hereto in its stead.
ii. The provisions of Section 7.1.4 of the Credit Agreement are hereby amended by deleting Exhibit 7.1.4 and substituting Exhibit 7.1.4 attached hereto in its stead.
iii. The provisions of Section 7.1.5 of the Credit Agreement are hereby amended by deleting Exhibit 7.1.5 and substituting Exhibit 7.1.5 attached hereto in its stead.
iv. The provisions of Section 7.1.14 of the Credit Agreement are hereby amended by deleting Exhibit 7.1.14 and substituting Exhibit 7.1.14 attached hereto in its stead.
v. The provisions of Section 7.1.23 of the Credit Agreement are hereby amended by deleting Exhibit 7.1.23 and substituting Exhibit 7.1.23 attached hereto in its stead.
Amendment to Section 7 of the Credit Agreement. Section 7 of the Credit Agreement is hereby amended as follows:
(a) Section 7.01(b) of the Credit Agreement is hereby amended by deleting Section 7.01(b) in its entirety and restating it as follows:
(b) Liens existing on the date hereof and listed on Schedule 7.01, the Permitted Existing Lis Pendens Liens, the Permitted Lis Pendens Liens, and, in each case, any renewals or extensions thereof, provided that, in each case, (i) the property covered thereby is not changed, (ii) the amount secured or benefited thereby is not increased except as contemplated by Section 7.03(c), (iii) the direct or any contingent obligor with respect thereto is not changed, and (iv) any renewal or extension of the obligations secured or benefited thereby is permitted by Section 7.03(c)
Amendment to Section 7 of the Credit Agreement. Section 7.19 of the Credit Agreement is hereby amended by deleting Section 7.19 in its entirety and restating it as follows:
Amendment to Section 7 of the Credit Agreement. Section 7 of the Credit Agreement is hereby amended as follows:
(a) Section 7.2(j) of the Credit Agreement is hereby amended by deleting the words “and the Xxxxxx Acquisition” which appear in Section 7.2(j) and substituting in place thereof the words “the Xxxxxx Acquisition and the Long Island Acquisition”.
(b) Section 7.6(b) of the Credit Agreement is hereby amended by deleting Section 7.6(b) in its entirety and restating it as follows:
Amendment to Section 7 of the Credit Agreement. Section 7 of the Credit Agreement is hereby amended as follows:
(a) Section 7.13 of the Credit Agreement is hereby amended by deleting the words “not more than 1,000,000 barrels of petroleum product” which appear in Section 7.13 and substituting in place thereof the words “not more than 500,000 barrels of petroleum product”.
(b) Section 7.18(b) of the Credit Agreement is hereby amended by deleting Section 7.18(b) in its entirety and restating it as follows:
Amendment to Section 7 of the Credit Agreement. Section 7.05(c) of the Credit Agreement is hereby amended by deleting Section 7.05(c) in its entirety and restating it as follows:
(c) Dispositions of (i) equipment or real property (other than in connection with any sale-leaseback transactions permitted pursuant to Section 7.05(g) hereof) to the extent that (x) such property is exchanged for credit against the purchase price of replacement property used or to be used in any Global Line of Business, or (y) the proceeds of such Disposition are reasonably promptly applied to the purchase price of property used in any Global Line of Business or
(ii) any asset to the extent that (x) the aggregate value of all assets disposed of pursuant to this Section 7.05(c)(ii) does not exceed $150,000,000 over the life of this Agreement and, to the extent the aggregate value of such assets disposed of in any one Disposition exceeds $2,000,000 or the aggregate value of all assets disposed of pursuant to this Section 7.05(c)(ii) exceeds $25,000,000, then, to the extent the proceeds received in connection thereof are not, solely in the case of an Eligible Borrowing Base Asset (as hereinafter defined), used to repay outstanding WC Loans or, as to any asset, reinvested in a Loan Party's business or committed to being reinvested in any Global Line of Business within 180 days after receipt thereof, then 181 days after receipt of such proceeds the Borrowers shall repay any outstanding Revolver Loans in the amount of such proceeds not so reinvested, and (y) to the extent any such asset sold is the type of assets which would be eligible to be included in the Borrowing Base (a "Eligible Borrowing Base Asset"), immediately upon giving effect to such sale, the Borrowers provide written notice to the Administrative Agent setting forth (1) a listing of the Eligible Borrowing Base Assets to be sold (such listing to be in reasonable detail), together with the amount of cash proceeds to be received by the selling Loan Party for each such asset sold; (2) any change to the Borrowing Base (and Borrowing Base Report) as a result of such sale from the Borrowing Base Report most recently delivered; and (3) a certification that such sale is a Disposition permitted pursuant to this Section 7.05(c)(ii);
Amendment to Section 7 of the Credit Agreement. (a) Section 7.1(a) of the Credit Agreement is hereby amended by deleting the portion of the table set forth therein covering the fiscal quarters set forth below and substituting therefor the following: 09/30/06 5.00:1.00 12/31/06 5.75:1.00
(b) Section 7.1(b) of the Credit Agreement is hereby amended by deleting the portion of the table set forth therein covering the fiscal quarters set forth below and substituting therefor the following: 09/30/06 3.00:1.00 12/31/06 2.50:1.00
(c) Section 7.1(c) of the Credit Agreement is hereby amended by deleting the portion of the table set forth therein covering the fiscal quarters set forth below and substituting therefor the following: 09/30/06 1.50:1.00 12/31/06 1.45:1.00
