Amendments and Supplements to Definitions. (a) The following term, which is defined in Section 1.02 of the Credit Agreement, is hereby amended in its entirety to read as follows:
Amendments and Supplements to Definitions. (a) The following terms, which are defined in Section 1.02 of the Credit Agreement, are hereby amended in their entirety to read as follows:
Amendments and Supplements to Definitions. (a) The following term, which is defined in Section 1.17 of the Loan Agreement, is hereby amended in its entirety to read as follows: Maturity Date shall mean, unless the Note is sooner accelerated pursuant to this Agreement, February 26, 2014.
(b) Article 1 of the Loan Agreement is hereby further amended and supplemented by adding the following new definition where alphabetically appropriate, which reads in its entirety as follows:
Amendments and Supplements to Definitions. 2 Section 2.02 AMENDMENTS AND SUPPLEMENTS TO ARTICLE VIII .................................3 Section 2.03
Amendments and Supplements to Definitions. 2 Section 2.02 Amendments to Article V . . . . . . . . . . .2 Section 2.03 Amendments to Article VI. . . . . . . . . . .3
Amendments and Supplements to Definitions. (a) The following provision shall be removed from the Agreement; The provision is included in the Agreement as 2 (ii) and reads as follows:
(ii) In addition, the Consultant shall be entitled to receive, with respect to each completed fiscal year beginning with the fiscal year scheduled to end on December 31, 2008, an amount in cash equal to five percent (5%) of the Company’s pre-tax recorded profit (the “Supplemental Payment”). The Supplemental payment shall be made within ten (ten) business days after the filing with the Securities and Exchange Commission of the Company’s annual report on Form 10-K for such fiscal year. For purposes of this Agreement, “profit” shall mean the pre-tax recorded profit as specified in the company’s annual report on Form 10-K, but excluding unrealized gain or loss on derivative transactions.
(b) The effective date for the removal of the provision above is January 1, 2011.
Amendments and Supplements to Definitions. (a) The following term, which is defined in Section 1.12 of the Loan Agreement, is hereby amended in its entirety to read as follows: Maturity Date shall mean, unless the Note is sooner accelerated pursuant to this Agreement, September 1, 2012.
(b) The following term, which is defined in Section 1.18 of the Loan Agreement, is hereby amended in its entirety to read as follows: Stated Rate .shall mean a rate per annum equal to LIBOR + 5.5%; provided, however, that if the Stated Rate ever exceeds the Maximum Rate then and from time to time thereafter be fixed at a rate per annum equal to the Maximum Rate then and from time to time thereafter in effect until the total amount of interest accrued at the Stated Rate on the unpaid balance of this Note equals the total amount of interest which would have accrued at the Maximum Rate from time to time in effect.
(c) Article 1 of the Loan Agreement is hereby further amended and supplemented by adding the following new definition where alphabetically appropriate, which reads in its entirety as follows:
Amendments and Supplements to Definitions. (1) The following terms, which are defined in Section 1.02 of the Agreement, are hereby amended in their entirety to read as follows:
Amendments and Supplements to Definitions. (a) The term "Agreement," as defined in the Credit Agreement, is hereby amended to mean the Credit Agreement, as amended and supplemented by this First Amendment and as the same may from time to time be further amended or supplemented.
Amendments and Supplements to Definitions. 2 Section 2.02
