Amendments to Appendix A. The definitions of “
Amendments to Appendix A. The following definitions set forth in Appendix A to the Participation Agreement shall be amended as follows:
(a) The definition of "Depositary Agreement" set forth in Appendix A to the Participation Agreement is hereby amended to read in its entirety as follows:
Amendments to Appendix A. Appendix A shall be amended as follows:
(a) The definition "Consolidated Net Earnings" is amended in its entirety to read as follows: "Consolidated Net Earnings" shall mean the consolidated net income (as determined in accordance with GAAP), without giving effect to any gains (net of expenses and taxes applicable thereto) in excess of losses resulting from the sale, conversion or other disposition of capital assets (i.e., assets other than current assets), any gains resulting from the write-up of assets, any extraordinary gains (except for gains resulting from the use of net operating loss carryforwards), any items of gain (or plus any items of loss) that were included in determining such consolidated net income and were not realized in the ordinary course of business (whether or not classified as "ordinary" by GAAP), any equity of such Person or any of its Subsidiaries in the unremitted earnings of any corporation which is not a Subsidiary, any earnings of any Person acquired by such Person or any of its Subsidiaries through purchase, merger or consolidation or otherwise for any year prior to the year of acquisition, or any deferred credit representing the excess of equity in any of its Subsidiaries at the date of acquisition over the cost of the investment in such, all determined in accordance with GAAP; provided, however, that any increase in earnings arising out of the recognition after December 31, 1994 of a deferred tax asset in an amount not to exceed $27,000,000 in the aggregate and any deduction from earnings or equity from the write off of any prepaid pension assets in an amount not to exceed $27,000,000 in the aggregate shall not be taken into account in determining Consolidated Net Earnings.
Amendments to Appendix A. DEFINITIONS.
Amendments to Appendix A. 1 to the Indenture (“Appendix A-1”).
Amendments to Appendix A. (a) Effective as of the date hereof, Appendix A to the Agreement is hereby amended to add the following definitions thereto to read in their respective entireties as follows:
Amendments to Appendix A. (a) The following definitions in Appendix A of the Loan Agreement (or, in the case of the definition of SwingLine Loan Ceiling, the existing definition that was set forth in Section 3.1.3 but not in Appendix A but which is now being added to Appendix A hereby) are hereby amended and restated in their entirety to read as follows: Borrowing Base - as at any time of determination thereof, an amount equal to the lesser of:
(i) $400,000,000; or
(ii) an amount equal to:
(a) 90% of the net amount of Eligible Accounts outstanding at such date provided that dilution with respect to Eligible Accounts, as determined by Agent, shall be less than five (5%) percent and, if such dilution, as determined by the Agent, exceeds five (5%) percent, such advance rate may be decreased by Agent, in its discretion, to 85%; PLUS
(b) (x) prior to the Post-Fourth Amendment Inventory Appraisal Date, the lesser of (1) $150,000,000 or (2) 70% of the value of Eligible Inventory at such date, calculated on the basis of the lower of cost or market, with the cost of raw materials and finished goods calculated on a first-in, first-out basis, and (y) on and after the Post-Fourth Amendment Inventory Appraisal Date, the lesser of (1) $240,000,000 or (2) the lesser of (A) 85% of the NOLV of the Eligible Inventory at such date or (B) 70% of the value of Eligible Inventory at such date, calculated on the basis of the lower of cost or market, with the cost of raw materials and finished goods calculated on a first-in, first-out basis. For the purposes hereof, the net amount of Eligible Accounts at any time shall be the face amount of such Eligible Accounts less any and all returns, rebates, discounts (which may, at Agent’s option, be calculated on shortest terms), credits, allowances or excise taxes of any nature at any time issued, owing, claimed by Account Debtors, granted, outstanding or payable in connection with such Accounts at such time. Maturity Date - November 27, 2012. Revolving Credit Commitment - for each Lender, the obligation of such Lender to make Revolving Credit Loans and participate in the Swingline Loans and LC Amount in an aggregate principal amount at any one time outstanding up to but not exceeding the amount set forth on Schedule 1 hereto, as such amount may be reduced or increased from time to time pursuant to the terms hereof, or reduced or increased from time to time by assignments by or to such Lender pursuant to Sections 4.4.2, 12.10, and 13.3 hereof. The aggregate amount...
Amendments to Appendix A. The provisions of Appendix A to the Loan Agreement are hereby amended as follows:
a. The definition of “Adjusted Borrowing Base” is hereby deleted in its entirety and the following substituted in its stead:
Amendments to Appendix A. The definition of “Dealer Concentration Limit” is hereby amended by deleting such definition in its entirety and replacing it with the following:
Amendments to Appendix A. The President of the University The Vice Presidents of the University The Deputy Vice Chancellor and Principal Xxxxxxx Associate Vice Presidents of the University Senior Advisor to the President Vice Xxxx of the Faculty of Medicine, and equivalent positions Associate Deans, Associate Principals and equivalent positions The Librarian Faculty members appointed to the University’s Negotiating Committee for Collective Bargaining Faculty members holding visiting appointments Academic administrators shall enter or re-enter the bargaining unit as full-time members at the end of their administrative term. Any academic administrator who re-enters the bargaining unit will not lose any previously accrued rights and privileges. The member’s employment in the bargaining unit is deemed to be continuous. Pursuant to Article 9 of the Agreement on the Framework for Collective Bargaining between the University and the Faculty Association of the University of British Columbia (“the Faculty Association”), the University and the Faculty Members of the Faculty of Commerce and Business Administration (Xxxxxx School of Business) enter into a subsidiary agreement on June 8, 2010 with the following terms:
