Amendment to Section 9.6. Section 9.6 of the Credit Agreement is hereby amended by:
Amendment to Section 9.6. Section 9.6 of the Existing Credit Agreement is hereby amended by deleting the grid appearing therein and substituting the following grid in replacement therefor: Period Leverage Ratio 06/30/03 to 03/30/04 3.75:1 03/31/04 to 09/29/04 3.50:1 09/30/04 to 12/31/04 3.25:1 01/01/05 to 06/30/05 3.75:1 07/01/05 to 12/31/05 3.50:1 01/01/06 and thereafter 3.25:1
Amendment to Section 9.6. Section 9.6 of the Credit Agreement is hereby amended by deleting the phrase “Cadwalader Wxxxxxxxxx & Txxx LLP) and replacing it with the phrase “Bxxxxxxxx & Gxxxxxxx LLP.”
Amendment to Section 9.6. Section 9.6 of the Credit Agreement is hereby amended by replacing “and (e)” in the first paragraph thereof with “(e)”, adding “, and” at the end of subpart (e) of the first paragraph thereof, and adding the following new subpart (f) at the end of the first paragraph thereof:
Amendment to Section 9.6. Section 9.6 of the Credit Agreement is hereby amended by deleting clause (a) in its entirety and replacing it with the following:
Amendment to Section 9.6. Section 9.6 of the Master Agreement is hereby modified to add the words “or Seller’s Parent” after the word Seller.
Amendment to Section 9.6. Section 9.6 of the Credit Agreement is hereby amended by inserting the following new sentence at the end thereof: “Notwithstanding any term or provision in this Agreement and in addition to any other term or provision in this Section 9.6, so long as no Event of Default has occurred and is continuing, the Company may from time to time after May 20, 2005 purchase or repurchase any shares of any class of its Capital Stock (whether in a single transaction or in multiple transactions) in an aggregate amount not to exceed $100,000,000.”
Amendment to Section 9.6. Section 9.6 of the Purchase Agreement is hereby amended by deleting the reference to “Xxxxx Xxxxxxx”.
Amendment to Section 9.6. The second sentence of Section 9.6 of the Agreement (after giving effect to Paragraph 10 above) hereby is amended and restated in its entirety as follows: “In furtherance thereof, Parent shall: (a) at or immediately following the Closing, prepay or cause to be prepaid all of the obligations arising under the TVF Loan Agreement and related transaction documents and terminate the commitments thereunder in accordance with its terms; (b) at or immediately following the Closing, prepay or cause to be prepaid all of the obligations arising under the Funding I Indenture and discharge the Funding I Indenture in accordance with its terms; and (c) at or immediately following the Closing, prepay or cause to be prepaid all of the obligations arising under the TAF Credit Agreement and discharge the TAF Credit Agreement in accordance with its terms.”
Amendment to Section 9.6. Section 9.6 of the Financing Agreement shall be amended by deleting Section 9.6 in its entirety and by substituting the following new Section 9.6 in lieu thereof: