Amendment to the definition of. “Peer Group Companies”. The definition of “Peer Group Companies” contained in Exhibit A of the 2018 OPP is deleted and replaced in its entirety with the following:
Amendment to the definition of. “Minimum Scheduled Cash”. Clause (b) of the definition of “Minimum Scheduled Cash” in Section 1.1 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to the definition of. “Final Expiration Date”. In accordance with Section 28 of the Rights Agreement, as amended, the phrase “(i) October 31, 2008 (the “Final Expiration Date”)” contained in Section 7(a) of the Rights Agreement is hereby deleted in its entirety and replaced with the following phrase in Section 7(a) of the Rights Agreement: “(i) November 30, 2006 (the “Final Expiration Date”)”.
Amendment to the definition of. “Commitment”. The last two sentences in the definition of “Commitment” in Section 1.1 of the Credit Agreement are hereby amended in their entireties to read as follows: The aggregate Commitments of all the Lenders on the First Amendment Effective Date shall be ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000). The Commitment of each Lender as of the First Amendment Effective Date is set forth opposite the name of such Lender on Schedule 1.1(b).
Amendment to the definition of. “Consolidated Leverage Ratio”. The definition of “Consolidated Leverage Ratio” in Section 1.1 of the Credit Agreement is hereby amended by inserting the following new sentence at the end thereof: Notwithstanding the foregoing, for purposes of calculating the Consolidated Leverage Ratio to determine compliance with Section 8.6(b) as of the end of the Fiscal Quarters ending on or about March 28, 2021, June 27, 2021 and September 26, 2021, Consolidated EBITDA included in clause (ii) above shall be calculated as (x) in the case of the Fiscal Quarter ending on or about March 28, 2021, actual Consolidated EBITDA for such Fiscal Quarter divided by 25%, (y) in the case of the Fiscal Quarter ending on or about June 27, 2021, actual Consolidated EBITDA for the period of two (2) consecutive Fiscal Quarters then ending divided by 50%, and (z) in the case of the Fiscal Quarter ending on or about September 26, 2021, actual Consolidated EBITDA for the period of three (3) consecutive Fiscal Quarters then ending divided by 75%.
Amendment to the definition of. “Advance” in Subsection 1.1. The definition of “Advance” in subsection 1.1 of the Credit Agreement is hereby amended by inserting after “Swingline Loans” in the fifth line thereof the phrase “, European Swingline Loans”.
Amendment to the definition of. “Borrower” in Subsection 1.1. The definition of “Borrower” in subsection 1.1 of the Credit Agreement is hereby amended by inserting after “any U.K. Borrower,” in the first line thereof the phrase “the Norwegian Borrower, the Dutch Borrower,”.
Amendment to the definition of. “Business Day” in Subsection 1.1. The definition of “Business Day” in subsection 1.1 of the Credit Agreement is hereby amended by:
Amendment to the definition of. “Eligible Accounts” in Subsection 1.1. The definition of “Eligible Accounts” in subsection 1.1 of the Credit Agreement is hereby amended by:
Amendment to the definition of. “Eligible Inventory” in Subsection 1.1. The definition of “Eligible Inventory” in subsection 1.1 of the Credit Agreement is hereby amended by:
