Amendment to Subsection 8. (a) Subsection 8.1 of the Credit Agreement is hereby amended by deleting clause (c) thereof in its entirety and inserting in lieu thereof the phrase "[Intentionally Omitted]".
(b) Subsection 8.1 of the Credit Agreement is hereby further amended by deleting clause (a) thereof and inserting in lieu thereof the following:
Amendment to Subsection 8. 02. Subsection 8.02 of the Existing LC Facility is hereby amended by deleting the first reference to the fax number “000-000-0000” and substituting in lieu thereof “000-000-0000”.
Amendment to Subsection 8. 6. Subsection 8.6(d) of the Credit Agreement is hereby amended by deleting the amount $10,000,000 contained therein and inserting in lieu thereof $5,000,000.
Amendment to Subsection 8. 14. Subsection 8.14 of the Credit Agreement is hereby amended as of the Effective Date by deleting the word “and” at the end of clause (u) thereof, replacing the period at the end of clause (v) thereof with a semicolon and the word “and”, and adding the following new clause (w) to the end of said subsection:
Amendment to Subsection 8. 3. The Note Purchase Agreement is hereby amended by deleting the phrase "except as otherwise provided in the Intercreditor Agreement" in subsection 8.3.
Amendment to Subsection 8. 13. Subsection 8.13 of the Credit Agreement is hereby amended as of the Effective Date by
(a) deleting the words “Permitted Additional Indebtedness” appearing in clause (c) thereof and substituting the words “Secured Ratio Indebtedness” therefor;
(b) inserting the words “the greater of (i)” before the amount “$30,000,000” appearing in clause (h) thereof and inserting the words “and (ii) an amount equal to 3.0% of Consolidated Total Assets” after the amount “$30,000,000;
(c) substituting the words “no Specified Default or any other Event of Default known to the Borrowers” for the words “no Default or Event of Default” in subclause (iii) of clause (o) thereof;
(d) deleting subclause (i) of clause (o) thereof and substituting the following new subclause (i) in lieu thereof:
(i) with respect to any newly incurred Indebtedness, such Indebtedness is secured only by property of the acquired company or other assets to the extent otherwise permitted hereunder”;
(e) deleting the word “and” appearing at the end of clause (x) thereof, substituting a semicolon and the word “and” in lieu of the period at the end of clause (y) thereof, and adding the following new clause (z) to the end thereof: “(z) unsecured Indebtedness of Parent Borrower and its Restricted Subsidiaries.”
Amendment to Subsection 8. 10(a) of the Credit Agreement. Subsection ------------------------------------------------------- 8.10
(a) of the Credit Agreement is hereby amended by deleting the table appearing at the end of said paragraph and substituting in lieu thereof the following table: -------------------------------------------------------------------------------- "Period Ratio ------- ----- -------------------------------------------------------------------------------- From and including the Closing Date through December 30, 1997 6.25 to 1.00 -------------------------------------------------------------------------------- From and including December 31, 1997 through June 30, 1999 5.75 to 1.00 -------------------------------------------------------------------------------- From and including July 1, 1999 and thereafter 5.50 to 1.00" --------------------------------------------------------------------------------
Amendment to Subsection 8. (a) Subsection 8.1(a) of the Credit Agreement is hereby amended by deleting the portion of the table therein covering the period set forth below and inserting in lieu thereof the following table portion:
1.15 to 1. 00 3rd 1.15 to 1.00 4th
Amendment to Subsection 8. 1(A). Subsection 8.1(a) is hereby amended by (a) deleting the portion of the table appearing therein beginning with the first quarter indicated below and (b) substituting in lieu thereof the following table: Test Period Ratio ----------- ------ Last day of the fourth quarter ending in April 2000 - second to last day of the fourth quarter ending in April 2001 0.85 to 1.00 Last day of the fourth quarter ending in April 2001 - second to last day of the first quarter ending in July 2001 1.00 to 1.00 Last day of the first quarter ending in July 2001 - second to last day of the fourth quarter ending in April 2002 1.50 to 1.00 Last day of the fourth quarter ending in April 2002 - second to last day of the second quarter ending in October 2002 1.70 to 1.00 Last day of the second quarter ending in October 2002 - last day of the third quarter ending in January 2005 2.50 to 1.00 Thereafter 2.75 to 1.00
Amendment to Subsection 8. The relevant portion of the table set forth in Subsection 8.7 is hereby amended and restated in its entirety as follows: Closing Date - December 31, 2004 $ 33,000,000 2005 $ 36,000,000 2006 $ 44,000,000 2007 $ 37,000,000 2008 - Tranche B-1 Maturity Date $ 36,000,000
