Amendment to ss Sample Clauses
Amendment to ss. Section 8.11 of the Credit Agreement is hereby amended and restated as follows:
Amendment to ss. 8 of the Credit Agreement. Section 8 of the Credit Agreement is hereby amended by deleting ss.8.4 of the Credit Agreement in its entirety.
Amendment to ss. 11(h) of the Agreement. Section 11(h) of the Agreement is hereby amended by deleting Section 11(h) in its entirety and replacing it with the following:
Amendment to ss. 11(f) of the Agreement. Section 11(f) of the Agreement is hereby amended by deleting Section 11(f) in its entirety and replacing it with the following: "Change of Control. Subject to the provisions of Sections 11(i) and 11(j), in the event that Company shall terminate this Agreement and the Executive's employment hereunder pursuant to the provisions of Section 11(e) within thirteen (13) months following a Change in Control (as defined below) or the Executive shall terminate this Agreement and the Executive's employment hereunder for Good Reason (as defined in Section 11(h)) within thirteen (13) months following a Change in Control, then, in lieu of (and not in addition to) the amounts to be paid (and benefits to be provided) by the Company pursuant to Section 11(e) or Section 11(h), the Company shall have no further obligations under this Agreement to the Executive other than the obligation to: (i) pay to the Executive Base Salary earned, but not yet paid to the Executive, prior to the date of such termination in accordance with Section 3(a), (ii) reimburse the Executive for any accrued vacation and unpaid expenses incurred by the Executive through the date of termination in accordance with Section 5, and pay any Accrued Bonus Payments and (iii) subject to the provisions of Sections 11(i) and 11(j), pay to the Executive a lump sum amount equal to eighteen (18) months of the Executive's Base Salary, as then in effect. In addition, for the twelve (12) month period following the date of such termination, the Executive shall be entitled to continue to receive her then current health, life and disability insurance benefits or, in the case of health insurance benefits, payment by the Company of applicable "COBRA" payments. Such lump sum payment set forth above shall be made no later than 75 days after the date of termination hereunder, the exact payment date to be determined by the Company in its sole discretion, provided that the Executive timely complies with Section 11(i) and has not subsequently revoked such release thereunder.
Amendment to ss. 4 OF THE CREDIT AGREEMENT.
(a) Section 4.3 of the Credit Agreement is hereby amended by deleting the first sentence thereof in its entirety and restating it as follows: The Borrower shall have the right at any time and from time to time upon one (1) Business Day's prior written notice to the Agent to reduce or terminate entirely the Total Acquisition Commitment, whereupon the Acquisition Commitments of the Banks shall be reduced pro rata in accordance with their respective Commitment Percentages of the amount specified in such notice or, as the case may be, terminated.
(b) Section 4.8.2 of the Credit Agreement is hereby amended by deleting the first two sentences thereof and restating them as follows: In the event the Borrower or any of its Subsidiaries receives any Net Cash Sale Proceeds or Net Offering Proceeds from any Asset Sale permitted by ss. 10.5.2 or otherwise consented to in writing by the Majority Banks (or, in the event such a sale constitutes a sale of all or substantially all of the Collateral, then consented to in writing by all of the Banks), the Borrower shall, immediately upon receipt thereof, pay all outstanding fees and expenses of the Agent and the Banks, including without limitation any Overadvance Fees and Amendment Fee required to be paid from such proceeds and shall make a prepayment of principal on the Acquisition Loans (or to the extent the Acquisition Loans have been repaid in full, then a prepayment of principal on the Revolving Credit Loans) in the amount of all remaining Net Cash Sale Proceeds or Net Offering Proceeds; provided, however, that (i) in the case of Net Offering Proceeds resulting from an initial public offering of the common stock of PCSI, such prepayment shall be in an amount equal to the greater of (x) $15,000,000 and (y) 25% of the Net Offering Proceeds and (ii) in the case of Net Cash Sale Proceeds from the sale of the stock or assets of a Subsidiary as permitted by ss. 2(c) of the Third Amendment, such prepayment shall be in an amount equal to the sum of (x) the Minimum Net Cash Sale Proceeds for such Subsidiary and (y) 80% of the Net Cash Sale Proceeds in excess of the Minimum Net Cash Sale Proceeds for such Subsidiary; with the Total Acquisition Commitment (and/or the Total Commitment, as applicable) and the Total Facility Commitment also being permanently reduced by the amount of such prepayment.
Amendment to ss. 16. Section 16 of the Credit Agreement is hereby amended by adding the phrase ", Purchases and Consignments, Segregated Precious Metal delivery" immediately after the word "Loans" appearing in the seventh and eleventh lines thereof.
Amendment to ss. 7 OF THE CREDIT AGREEMENT. Section 7.27 of the Credit Agreement is hereby amended by deleting ss.7.27 in its entirety and restating it as follows:
Amendment to ss. 2.1. Section 2.1 of the Credit Agreement is hereby amended by adding the phrase ", the Fair Market Value of Consigned Precious Metals, the Fair Market Value of Segregated Precious Metals" immediately after the word "Obligations" appearing in the eighth line thereof.
Amendment to ss. 11 of the Credit Agreement. Section 11 of the Credit Agreement is hereby amended as follows:
(a) Section 11.3(d) of the Credit Agreement is hereby amended by deleting ss.11.3
(d) in its entirety and restating it as follows: