Amendment to Subsection 1. (a) Subsection 1.1 of the Credit Agreement is hereby amended by adding the following defined terms in proper alphabetical order:
Amendment to Subsection 1. 1. Subsection 1.1 of the Credit Agreement is hereby amended as follows:
(a) by amending and restating in their entireties the following definitions contained in such subsection to read as follows:
Amendment to Subsection 1. 1. Subsection 1.1 of the Credit Agreement is hereby amended by changing the definition of "EBITDA" to read in its entirety as follows:
Amendment to Subsection 1. 1. Subsection 1.1 of the Contract is hereby amended as follows:
(a) by adding the following definitions:
Amendment to Subsection 1. 1. Subsection 1.1 of the Credit --------------------------- Agreement is hereby amended by deleting the definition of "Termination Date" contained therein in its entirety and inserting in lieu thereof the following definition:
Amendment to Subsection 1. 9. Subsection 1.9 of the Original Agreement is hereby amended by adding the following language thereto: "For purposes of calculating the Debt Service Ratio, Distributions made by Borrower that are permitted pursuant to clause (a) of subsection 6.5 ("Tax Distributions") will be deemed to have been made (regardless of when actually made) quarterly based on Borrower's income during such quarter. Additionally, any Tax Distributions paid by Borrower in respect of tax liabilities of partners of Borrower for any period that precedes the period for which the Debt Service Ratio is being calculated will not be included in such calculation of the Debt Service Ratio, nor will any Tax Distributions made as a result of adjustments to taxable income due to the effect of Section 263A of the Internal Revenue Code."
Amendment to Subsection 1. 1. The definition of "Restricted ---------------------------- Companies" in subsection 1.1 of the Credit Agreement is hereby amended by deleting from the second line thereof the word "IMSAMET,".
Amendment to Subsection 1. 1. Subsection 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in their proper alphabetical order: "`SENIOR SUBORDINATED 1997 NOTES': the senior subordinated notes due 2007 proposed to be issued by CNG pursuant to a Rule 144A offering during the month of August 1997 having substantially the same terms as the Senior Subordinated Notes (except that they will mature in 2007 and
Amendment to Subsection 1. (a) Subsection 1.1(a) is hereby amended by deleting said subsection and substituting in lieu thereof the following:
Amendment to Subsection 1. 2. Subsection 1.2 of the Lease is hereby amended to include within the definition of Property, all of Landlord’s right, title and interest in and to the Water Rights (751 acre-feet of annual consumptive use), together with all rights appurtenant thereto, including all rights, on an exclusive basis, that would be enjoyed or exercised by the owner thereof, save and except for forty-two and one-half (42.5) acre-feet annually in consumptive use (“Landlord’s Reserved Water Rights”) that Landlord reserves unto itself and shall have the right to use in connection with development on any Benefited Property owned or leased or otherwise legally possessed by Landlord or an Affiliate of Landlord, for a total of seven hundred eight and one-half (708.5) acre-feet of annual consumptive use (hereinafter “Tenant’s Leasehold Water Rights”). This Third Amendment shall not alter Tenant’s rights, obligations, or authority, as an accommodation, to deliver certain of the Water Rights from Tenant’s Leasehold Water Rights and provide services for the disposal of sewage to the following: (i) Tenant’s subtenant (currently XxXxxxxx’x Corporation) operating a restaurant on certain property set forth in a Ground Lease Agreement dated October 21, 1991, by and between Xxxxx South Real Estate Company and The Primadonna Corporation (the “McDonald’s Water Agreement”); (ii) Dry Lake, Inc., or its successor, as operator of a convenience store on certain California real property as provided in a Water Facilities Agreement dated December 24, 1993, by and between The Primadonna Corporation, Primm South Real Estate Company, and Dry Lake, Inc. (the “Dry Lake Water Agreement”); (iii) the Fashion Outlet of Las Vegas under that certain Lease of Water Rights and Wastewater Capacity dated July 1997, by and between The Primadonna Corporation, Primm South Real Estate Company, Primm 650 Limited Partnership, and Fashion Outlet of Las Vegas Associates (the “Mall Water Agreement”); and (iv) Reliant Energy Bighorn, LLC under that certain Agreement Regarding Water dated August 31, 2001, by and between The Primadonna Company, LLC and Reliant Energy Bighorn, LLC (the “Reliant Water Agreement”). The McDonald’s Water Agreement, Dry Lake Water Agreement, Mall Water Agreement, and Reliant Water Agreement collectively are referred to herein as the “Existing Water Agreements.” Upon termination of the Reliant Water Agreement, the water Reliant is entitled to use under the Reliant Water Agreement (“Reliant Water”) shall...
