Amendments and Consent. 2.1 A new definition of “
Amendments and Consent. 5 2.1. Amendment of Existing Note Purchase Agreement...................................................5 2.2. Continuity and Affirmation of Obligations.......................................................5
Amendments and Consent. 2.1 Each of the parties hereto agrees that from the Effective Date, the Warrant Instrument shall be amended in the manner provided in this clause 2.
Amendments and Consent. (a) The Existing Credit Agreement is, effective as of the Amendment No. 1 Effective Date (as defined below), hereby (i) amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the underlined text (indicated textually in the same manner as the following example: underlined text) as set forth in the pages attached as Annex A hereto (it being understood that FILO Amendments and Incremental Amendments shall be effectuated substantially concurrently in the following order, first, the FILO Amendments and second, the Incremental Amendments) and (ii) restated in its entirety to read as set forth in such Annex A after giving effect to such textual deletions and additions.
Amendments and Consent. 1. Section 4.04(ii) of the Credit Agreement is hereby amended by deleting the text "FPFC and FPFC Delaware," appearing therein.
Amendments and Consent. On the Effective Date, and notwithstanding anything to the contrary contained in the Credit Agreement or the other Loan Documents (including, without limitation, Section 2.5 of the Credit Agreement), (i) the aggregate Revolving Credit Commitments of Lxxxxx Commercial Paper, Inc. (“Lxxxxx”) shall be permanently and irrevocably reduced to zero ($0.00), (ii) after giving effect to such termination, the aggregate Revolving Credit Commitments shall be $950,000,000, and (iii) the Revolving Credit Sublimits of each of the Parent Borrower, Texas Gas, and Gulf South shall be reduced to $522,500,000, $190,000,000 and $237,500,000, respectively. Concurrently with any subsequent payment of any Facility Fee to the Lenders pursuant to Section 2.11(a) of the Credit Agreement or any Letter of Credit fee to the Lenders pursuant to Section 2.11(c)(ii) of the Credit Agreement, in each case, with respect to any period before the Effective Date, the Borrower shall pay to Lxxxxx its ratable share (based on its Revolving Credit Commitment immediately prior to the Effective Date) of such Facility Fee or Letter of Credit fee, as applicable. From and after the Effective Date, (i) Lxxxxx shall have no further obligation to fund any amount or extend any credit under the Loan Documents and (ii) except as specified in the prior sentence, Lxxxxx shall, for all purposes, be deemed to no longer be a Lender or a party to, or beneficiary of, the Credit Agreement or Loan Documents.
Amendments and Consent. 1. Section 8.01(i) of the Credit Agreement is hereby amended by deleting clauses (vii) and (viii) thereof and inserting the following clause (vii) in lieu thereof: " and (vii) with respect to each Permitted Acquisition, (A) the Borrower shall have given the Administrative Agent and the Banks at least 5 Business Days prior written notice of such Permitted Acquisition, (B) the Borrower in good faith shall believe, based on calculations made by the Borrower, on a pro forma basis after giving effect to the respective Permitted Acquisition, that the covenants contained in Sections 8.09 through 8.11, inclusive, will continue to be met for the one-year period following the date of the consummation of the respective Permitted Acquisition and (C) the Borrower shall have delivered to the Administrative Agent an officer's certificate executed by a Senior Financial Officer of the Borrower, certifying, to the best of his knowledge, compliance with the requirements of clauses (i) through (vii) of this Section 8.01(i) and containing the pro forma calculations required by the preceding clause (vii)(B), including, without limitation, any currency exchange calculations required in connection therewith as a result of the incurrence of Indebtedness permitted under Section 8.03(p) in connection with such Permitted Acquisition or as a result of the incurrence of Competitive Bid Loans or the issuance of Letters of Credit, in each case denominated in an Approved Alternate Currency; provided, that the provisions of the preceding clauses (vii)(B) and (vii)(C) (to the extent requiring pro forma calculations) shall be applicable only to the extent that either (x) the sum of (I) the Permitted Acquisition Amount in respect of such Permitted Acquisition plus (II) the aggregate fair market value (determined as of the proposed date of consummation of such Permitted Acquisition in good faith by senior management of the Borrower) of any Common Stock issued as consideration in connection with such Permitted Acquisition, exceeds $30,000,000, or (y) such Permitted Acquisition does not meet the criteria set forth in clause (x) above and the sum of (I) the Permitted Acquisition Amount in respect of such Permitted Acquisition plus (II) the Permitted Acquisition Amount in respect of all other Permitted Acquisitions consummated in the same fiscal year of the Borrower as such proposed Permitted Acquisition is to be consummated (but excluding Permitted Acquisitions meeting the criteria set forth in c...
Amendments and Consent. 1. Section 7.01 of the Credit Agreement is hereby amended by deleting clause (c) thereof and inserting the following clause (c) in lieu thereof:
Amendments and Consent. 2.1 Consent to Redemption/Purchase of 11-7/8% Senior Subordinated Notes. (a) Notwithstanding anything to the contrary contained in the Loan Documents, the Lenders consent to the redemption (in one or more transactions) by the Borrower of up to $150,000,000 principal amount of the 11-7/8% Senior Subordinated Notes due 2008 issued pursuant to the 11-7/8% Senior Subordinated Indenture (plus accrued interest and premium) as long as (i) such redemption occurs on or after November 1, 2003, and (ii) no Default or Event of Default shall have occurred or be in effect immediately before or immediately after giving effect to such redemption (such redemption, the "2003 11-7/8% Senior Subordinated Notes Redemption").
Amendments and Consent. With effect from the Effective Date:
