Amendments and Consents to Credit Agreement. On the Ninth Amendment Effective Date, the Credit Agreement is hereby amended as follows:
Amendments and Consents to Credit Agreement. 1. Section 1.01(a) of the Credit Agreement is hereby amended by deleting said Section in its entirety and inserting the following new Section 1.01(a) in lieu thereof:
Amendments and Consents to Credit Agreement. Notwithstanding anything to the contrary contained in the Credit Agreement, the Lenders hereby acknowledge and agree that the Grove Acquisition may be effected as a Permitted Acquisition under the Credit Agreement (as amended after giving effect to the First Amendment Acquisition Effective Date) (and will thereupon constitute a "Permitted Acquisition" for all purposes of the Credit Agreement, except as provided in Section 2 below), so long as: the sole consideration payable in respect of the Grove Acquisition (exclusive of transaction fees and expenses) shall consist of (I) shares of non-redeemable common stock of the Borrower, par value $.01 per share, with an equity value of approximately $71,500,000 issued in accordance with the requirements of Section 4.1(a) of the Grove Acquisition Agreement (the "Grove Equity Issuance"), (II) the assumption (and subsequent refinancing as provided below) of the Grove Indebtedness To Be Refinanced (as defined in the Credit Agreement after giving effect to the First Amendment Acquisition Effective Date) in an aggregate principal amount equal to approximately $199,300,000 and (III) the assumption of Grove Acquired Indebtedness (as defined in the Credit Agreement after giving effect to the First Amendment Acquisition Effective Date) in an aggregate principal amount not to exceed $20,000,000; except for the deviation from the aggregate consideration requirements for Permitted Acquisitions consummated in any fiscal year of the Borrower as set forth in clause (vi) of Section 8.14(a) of the Credit Agreement, the Grove Acquisition shall otherwise be effected as a Permitted Acquisition in accordance with all applicable terms of (and meet all applicable requirements for a Permitted Acquisition under) the Credit Agreement (including, without limitation, Sections 8.12, 8.14 and 9.17 thereof and the delivery of the officer's certificate required by Section 8.14(a)(viii) thereof); the Grove Acquisition shall have been consummated on or prior to September 30, 2002; on the First Amendment Acquisition Effective Date, (x) the Borrower shall have received gross cash proceeds of at least $175,000,000 from the issuance by it of a like principal amount of New Senior Subordinated Notes (as defined in the Credit Agreement after giving effect to the First Amendment Acquisition Effective Date), the proceeds of which are used to finance, in part, the repayment of the Grove Indebtedness to be Refinanced, (y) the Grove Equity Issuance shall have o...
Amendments and Consents to Credit Agreement. 1. Notwithstanding anything to the contrary contained in the Credit Agreement, the Lenders hereby acknowledge and agree that the Wood Holdings Acquisition may be effected as a Permitted Acquisition under the Credit Agreement (and thereupon constitute a "Permitted Acquisition" for all purposes of the Credit Agreement), so long as:
Amendments and Consents to Credit Agreement. 1. Section 7 of the Credit Agreement is hereby amended by inserting the following new Section 7.26 immediately following Section 7.25:
Amendments and Consents to Credit Agreement. 1. Notwithstanding anything to the contrary contained in the Credit Agreement, the Banks hereby acknowledge and agree that the First Identified Acquisition may be effected as a Permitted Acquisition under the Credit Agreement (and thereupon constitute a "Permitted Acquisition" for all purposes of the Credit Agreement), so long as:
Amendments and Consents to Credit Agreement. 1. The Banks hereby acknowledge and agree that the ACT Acquisition may be effected as a Permitted Acquisition in accordance with all applicable requirements of the Credit Agreement, including, without limitation, Section 8.02 thereof; provided that, notwithstanding anything to the contrary contained in the Credit Agreement, the following deviations from the requirements of a Permitted Acquisition under the Credit Agreement shall be permitted (and only such deviations shall be permitted) in connection with the ACT Acquisition so long as the same otherwise meets all applicable requirements for a Permitted Acquisition pursuant to the Credit Agreement:
Amendments and Consents to Credit Agreement. 1. Section 1.08 of the Credit Agreement is hereby amended by (i) deleting the words "Applicable Margin" appearing in clause (a) of said Section and (ii) inserting the words "Applicable Base Rate Margin" in lieu thereof.
Amendments and Consents to Credit Agreement. 1. Section 8.01(f) of the Credit Agreement is hereby amended by (i) deleting the word "and" appearing immediately prior to the text "(y)" appearing in said Section and inserting a comma lieu thereof and (ii) inserting the following new clause (z) at the end of said Section: "and (z) set forth (in reasonable detail) the type and amount of costs incurred during each fiscal quarter included in the Test Period then last ended and added back to Consolidated EBITDA for such Test Period pursuant to clauses (v) and (ix) appearing in the first sentence of the definition of "Consolidated EBITDA"".
Amendments and Consents to Credit Agreement. 1. Section 1.03(b) of the Credit Agreement is hereby amended by deleting the text "1:30 P.M." appearing in said Section and inserting the text "2:00 P.M." in lieu thereof.
