Amendment to Section 9.7 a. Section 9.7 of the Credit Agreement is hereby amended and restated as follows:
Amendment to Section 9.7. Section 9.7(b)(i) is hereby amended by replacing the words “prepared in accordance with IFRS by KPMG” with the words “audited by KPMG”.
Amendment to Section 9.7. Section 9.7 of the Existing Credit Agreement is hereby amended by deleting the grid appearing therein and substituting the following grid in replacement therefor: Fixed Charge Date Coverage Ratio 09/30/03 1.50:1 12/31/03 1.50:1 03/31/04 1.65:1 06/30/04 1.65:1 09/30/04 1.75:1 12/31/04 1.75:1 03/31/05 1.40:1 06/30/05 1.40:1 09/30/05 1.50:1 12/31/05 1.50:1 03/31/06 and thereafter 1.65:1
Amendment to Section 9.7 a. The addresses set forth in Section 9.7 of the Exchange Agreement immediately following “If to the Lessee, to:” shall be deleted in their entirety and replaced with the following addresses: GS RC Investments LLC c/o Goldman Sachs & Co. 000 Xxxx Xx. Xxx Xxxx, XX 00000 Attention: Pooja Goyal Fax: (000) 000-0000 Email: xxxxx.xxxxx@xx.xxx With a copy (which shall not constitute notice) to: Xxxxxx & Xxxxxx LLP 0000 Xxxxxx Xx., Suite 2500 Houston, TX 77002-6760 Attention: Kaam Sahely Fax: (000) 000-0000 Email: xxxxxxx@xxxxx.xxx
Amendment to Section 9.7. Section 9.7 of the Credit Agreement is hereby amended by deleting the “and” at the end of Section 9.7(l), deleting the period at the end of Section 9.2(m) and replacing it with “; and” and adding the following new Section 9.7(n): “(n) the Motley Acquisition.”
Amendment to Section 9.7. Section 9.7 of the Credit Agreement is hereby amended by (i) replacing each instance of the text “Consolidated Total Net Lease Adjusted Leverage Ratio” with the text “Consolidated Senior Secured Net Lease Adjusted Leverage Ratio” and (ii) deleting the text “Equity Cure Contributions” in clause (c) therein.
Amendment to Section 9.7. The proviso in Section 9.7 of the Agreement is deleted in its entirety and the following inserted in lieu thereof: “except as permitted in Section 9.7 (or any comparable provision) of the Domestic Credit Agreement.”
Amendment to Section 9.7. Section 9.7 of the Guaranty shall be amended by renumbering subsections (m) and (n) of such Section as subsections (n) and (o), and inserting the following new Section 9.7(m): “(m) within sixty (60) days (or sixty-five (65) days as long as the Guarantor shall not have reported an Event of Default to the Securities and Exchange Commission during such fiscal period on its most recent filing with the Securities and Exchange Commission) after the end of each of the first three (3) quarter-annual fiscal periods of each fiscal year of the Guarantor and within one hundred five (105) days (or one hundred ten (110) days so long as the Guarantor shall not have reported an Event of Default to the Securities and Exchange Commission) after the end of each fiscal year of the Guarantor, to the extent Borrower desires to utilize the provisions of Section 9.8(g) hereof, a summary of any non-recourse mortgage Indebtedness of the Borrower and its Subsidiaries Retired, the amount paid to Retire such Indebtedness (whether at a discount or at par), the date such payment occurred, the date at which the provisions of Section 9.8(g) hereof shall no longer afford a refinancing of the properties secured by such non-recourse mortgage Indebtedness the benefits of Section 9.8(g) hereof, and the amount of any financing placed on such properties and the dates such refinancing occurred.”
Amendment to Section 9.7. Section 9.7 of the Agreement is hereby amended and restated in its entirety as follows: “Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the Parties, in whole or in part (whether by operation of Law or otherwise), without the prior written consent of the other Parties, and any attempt to make any such assignment without such consent shall be null and void. In addition, none of the third-party beneficiary rights set forth in Section 6.16(d) may be assigned, in whole or in part, by any of the Closing NYMEX Class A Members. Any purported assignment or delegation in violation of this Section 9.7 shall be null and void. Subject to the above, this Agreement will be binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.”
Amendment to Section 9.7 a. The addresses set forth in Section 9.7 of the Exchange Agreement immediately following “If to the CCS Parties, to:” shall be deleted in their entirety and replaced with the following addresses: Clean Coal Solutions, LLC One Denver Tech Center 0000 XXX Xxxxxxx, Xxxxx 000 Xxxxxxxxx Xxxxxxx, XX 00000 Attention: General Counsel Fax: (000) 000-0000 Email: xxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx With a copy (which shall not constitute notice) to: Xxxxxxx Xxxxx XXXX P.O. Box 10969 Bozeman, MT 59719 Attention: Nate Good Fax: (000) 000-0000 Email: xxxxx@xxxxxxxxxxxx.xxx
