Amendments to Article 4. (a) Pursuant to Section 2.02(14) of the Base Indenture, Section 4.03 of the Base Indenture is hereby amended with respect to the Notes by deleting the text thereof in its entirety and inserting in its place the following:
Amendments to Article 4. Section 4 of the Indenture is hereby amended by adding, immediately following Section 4.08 thereof, the following new Sections 4.09 through 4.21 for the benefit of the Notes:
Amendments to Article 4 is hereby amended by adding the following provision after Section 4.8.3:
Amendments to Article 4. (a) Section 4.4.3 is hereby deleted in its entirety and replaced with the following:
Amendments to Article 4. (a) Section 4.02 of the Indenture is hereby amended by deleting the final sentence of such Section and adding the following new sentence as the final sentence of such Section: “Notwithstanding any other provision in this Section 4.02, the Company shall not be required to file (i) its quarterly report on Form 10-Q for the quarter ended December 31, 2005 (the “Third Quarter 2006 10-Q”) prior to Xxxxxx 00, 0000, (xx) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) prior to September 15, 2006 and (iii) its quarterly report on Form 10-Q for the quarter ended June 30, 2006 (the “First Quarter 2007 10-Q”) prior to September 29, 2006; provided that if the Company is in breach of Section 4.03(e) hereof, clauses (i), (ii) and (iii) of this Section 4.02 shall be deemed null and void, and the Company shall be deemed to be in default of its obligations under this Section 4.02 with respect to the Third Quarter 2006 10-Q and the 2006 10-K, and, if filed after August 14, 2006, the First Quarter 2007 10-Q, in each case, even if such Third Quarter 2006 10-Q, 2006 10-K or First Quarter 2007 10-Q have been filed with the SEC.”
(b) Section 4.06 of the Indenture is hereby amended by adding the following new subsection (e) to such Section: “(e) Notwithstanding any other provision of this Section 4.06 (other than Section 4.06(a)(i) and (ii)):
(i) An amount equal to 100% of the Net Available Cash from any Asset Disposition of the Specified Assets (together with the Net Available Cash from all other Asset Dispositions of the Specified Assets) shall be applied by the Company (or such Restricted Subsidiary, as the case may be) (1) first, to the extent the Company elects, so long as the Company’s Senior Secured Leverage Ratio equals or is greater than 3.50:1 (after giving pro forma effect to any repayment or similar purchase), to prepay, repay, redeem or purchase the Senior Indebtedness of the Company under the Credit Agreement and (2) second, in the event that the balance of such Net Available Cash after application in accordance with clause (1) is (x) equal to or greater than $25 million, to make an offer to purchase the Notes (and Other Notes) pursuant to and subject to the conditions of Section 4.06(e)(ii); provided, however, that such offer shall be made ratably to purchase the Notes (and Other Notes) within 60 days after the receipt of such Net Available Cash or (y) less than $25 million, to make an offer to purchase the Notes (and Other Notes)...
Amendments to Article 4. A. Section 4.02 of the Indenture is hereby deleted in its entirety.
B. Section 4.03 of the Indenture is hereby deleted in its entirety.
C. Section 4.04 of the Indenture is hereby deleted in its entirety.
D. Section 4.05 of the Indenture is hereby deleted in its entirety.
E. Section 4.06 of the Indenture is hereby deleted in its entirety.
F. Section 4.07 of the Indenture is hereby deleted in its entirety.
G. Section 4.08 of the Indenture is hereby deleted in its entirety.
H. Section 4.09 of the Indenture is hereby deleted in its entirety.
I. Section 4.10 of the Indenture is hereby deleted in its entirety.
Amendments to Article 4 a. Upon the effectiveness of the amendments set forth in this Article I, each of Section 4.3 (Reports), Section 4.4 (Compliance Certificate), Section 4.5 (Taxes), Section 4.6 (Stay, Extension and Usury Laws), Section 4.7 (Limitation on Restricted Payments), Section 4.8 (Limitation on Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries), Section 4.9 (Limitation on Incurrence of Additional Indebtedness), Section 4.11 (Limitations on Transactions with Affiliates), Section 4.12 (Limitation on Liens), Section 4.14 (Insurance Matters), Section 4.15 (Offer to Repurchase Upon Change of Control), Section 4.16 (Additional Subsidiary Guarantees), Section 4.17 (Conduct of Business), Section 4.18 (Payments for Consent) and Section 4.19 (Limitation on Preferred Stock of Restricted Subsidiaries) of the Indenture shall be deleted in its entirety and replaced with the phrase "[Intentionally Omitted]." All references to such deleted sections shall also be deleted in their entirety.
b. Upon the effectiveness of the amendments set forth in this Article, each of clauses (A), (B), (C), (D), (F), (G), (H) and (I) of Section 4.10 shall be deleted in its entirety and replaced with the phrase "[Intentionally Omitted]." All references to such deleted clauses shall also be deleted in their entirety.
c. Upon the effectiveness of the amendments set forth in this Article I, Section 4.13 shall be deleted in its entirety and replaced with the following: "Subject to Article V hereof, each of the Issuers and the Guarantors shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate or other existence in accordance with the organizational documents (as the same may be amended from time to time) of the Issuers or such Guarantor."
Amendments to Article 4. Article 4 of the Agreement is hereby amended by
a. in Section 4.5(a), deleting the phrase [*]; and
b. deleting Section 4.5(c) in its entirety.
Amendments to Article 4. The provisions of Article 4 of the Loan Agreement are hereby amended by
(a) adding the following new subparagraph to Section 4-7:
Amendments to Article 4. (a) Section 4.04 of the Five-Year Credit Agreement is hereby replaced in its entirety as follows:
