Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions to effectiveness specified in Section 7 below, the Securitization Agreements shall be amended as follows:
Amendments of Securitization Agreements. Subject to the terms and --------------------------------------- conditions of this Amendment, including without limitation the fulfillment of the conditions precedent specified in Section 6 below, the Securitization --------- Agreements shall be amended as follows:
(a) The definition of the term "Applicable Margin" set forth in Annex 3 to ------- the Purchase Agreement shall be deleted in its entirety and the following revised definition of such term shall be substituted in lieu thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, the Securitization Agreements shall be amended as follows:
(A) Section 4.03(k) of the Transfer Agreement is hereby amended by deleting clause (v) thereof in its entirety and by substituting the following replacement clause (v) in lieu thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions precedent specified in Section 7 below, the Securitization Agreements shall be amended as follows: 36
(A) Annex 1 to the Purchase Agreement shall be deleted in its entirety.
(B) Annex G to the Purchase Agreement shall be amended by deleting subpart (iv) of part (c) thereof and by substituting the following new subpart (iv) in lieu thereof:tituting the following new subpart (iv) in lieu thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions precedent specified in Section 6 below, Annex X to the Transfer Agreement and the Purchase Agreement shall be amended by deleting therefrom the definitions of the terms "Cash Reserve", "Concentration Discount Amount", "Purchase Discount Rate Cap" and by substituting the following new respective definitions of such terms in lieu thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions to effectiveness specified in Section 7 below, the parties signatory to each of the Funding Agreement, the Sale Agreement and the Servicing Agreement hereby agree to amend the Securitization Agreements as follows: (A) Amendments to Annex X.
(i) Annex X to the Funding Agreement, the Sale Agreement and the Servicing Agreement is hereby amended by adding a new defined term "Eighth Amendment Effective Date" in alphabetical order to read in its entirety as follows:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions precedent specified in Section 6 below, the Funding Agreement shall be amended as follows:
1.1 The Minimum Fixed Charge Coverage Ratio covenant set forth in paragraph (a) to Annex G to the Funding Agreement is hereby deleted in its entirety, and the following new covenant is substituted in lieu thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions to effectiveness specified in Section 6 below, the parties signatory to each of the Funding Agreement, the Sale Agreement and the Servicing Agreement hereby agree to amend Annex X to the Funding Agreement, the Sale Agreement and the Servicing Agreement as follows:
(A) The definition of the term "Payroll Reserve" set forth in Annex X to the Funding Agreement, the Sale Agreement and the Servicing Agreement is hereby deleted in its entireties and the following amended definition of such term is substituted in lieu thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions precedent specified in Section 7 below, the Securitization Agreements shall be amended as follows, in each case effective as of the Eleventh Amendment Effective Date:
(A) Section 2.02(c) of the Purchase Agreement shall be deleted in its entirety.
(B) Section 2.07(a) of the Purchase Agreement shall be deleted in its entirety and the following new Section 2.07(a) shall be substituted in lieu thereof. .
(i) The Seller shall pay to the Purchaser an unused facility fee (the "Unused Facility Fee") equal to five-eighths of one percent (0.625%) per annum calculated daily from the Eleventh Amendment Effective Date until the Facility Termination Date and payable on each Business Day, commencing on the Eleventh Amendment Effective Date, on the amount by which the Maximum Purchase Limit as in effect on such date exceeds the Capital Investment on such date, which fee shall be fully earned when payable and shall be non-refundable.
(ii) On the Eleventh Amendment Effective Date and on each anniversary thereof that occurs prior to the Termination Date, the Seller shall pay to the Operating Agent, for its own account, an administration fee in the amount of $50,000, which fee shall be fully earned when payable and shall be non-refundable.
(iii) The provisions of this Section 2.07(a) supersede and replace the Fee Letter.
(C) Section 4. 02 of the Purchase Agreement shall be amended by adding the following new sentence at the end thereof: Notwithstanding anything to the contrary set forth in this Section 4.02, it is expressly understood and agreed that each of the representations and warranties made in this Section 4.02 by each DIP Servicer is and shall be (i) subject to (x) compliance by such Servicer with any applicable provisions of the Bankruptcy Code and (y) the entry of the Interim Order and the Final Order (as applicable), and (ii) qualified to exclude any noncompliance resulting solely from the filing of the Chapter 11 Cases (but not excluding noncompliance resulting from any subsequent event, whether or not related to or derivative of the filing of the Chapter 11 Cases).
(D) Section 5.03 of the Purchase Agreement shall be amended by adding the following new paragraph (n) at the end thereof:
Amendments of Securitization Agreements. Subject to the terms and conditions of this Amendment, including without limitation the fulfillment of the conditions to effectiveness specified in Section 6 below, the Securitization Agreements shall be amended as follows:
1.1 The definition of the term "Availability" set forth in Annex X to the Funding Agreement, the Sale Agreement and the Servicing Agreement is hereby deleted in its entirety and the following new definition of such term is substituted in lieu thereof:
