Amendments to Certain Covenants Sample Clauses
Amendments to Certain Covenants. The proviso to Section 6.06(a) of the Credit Agreement is hereby amended by replacing “and” where it appears at the end of clause (i) thereof with a semicolon and adding the following new clause (iii) after clause (ii) thereof: “and (iii) so long as no Default shall have occurred and be continuing or would result therefrom, the Borrower may make payments of cumulative compounding dividends on its 2008 Preferred Stock at a rate not to exceed 10% per annum”
Amendments to Certain Covenants. (a) Subject to Section 3.01 (Effectiveness) hereof, sub-section (b) of Section 4.17 (Reports) of the Base Indenture is hereby amended and restated to read in its entirety as follows:
(b) “For so long as any Notes are outstanding, the Issuer will provide to the Trustee such other information as SKG is required to make publicly available under the requirements of Euronext Dublin, the London Stock Exchange or the New York Stock Exchange as a result of having its ordinary shares admitted for trading on such exchanges. Upon complying with the public reporting requirements of Euronext Dublin, the London Stock Exchange or the New York Stock Exchange (regardless of whether SKG’s ordinary shares are admitted for trading on either such exchange), provided that such requirements include an obligation to prepare and make publicly available annual reports, information, documents and other reports with Euronext Dublin, the London Stock Exchange or the New York Stock Exchange, the Issuer will be deemed to have complied with the provisions contained in clauses (1) through (3) of Section 4.17(a).”
(c) Subject to Section 3.01 (Effectiveness) hereof, a new sub-section (d) is added at the end of Section 4.17 (Reports) of the Base Indenture as follows:
(d) “After completion of the Merger Transaction, the Issuer may elect, and shall notify the Trustee and the Holders of the Notes of such election, to submit to the Trustee and the Holders of the Notes, the financial statements, reports and other information of the Merger Parent Entity to comply with sub-sections (a) and (b) of this Section 4.17, instead of such information of SKG. If the Issuer makes such election, then it will be deemed to have provided such information to the Trustee, the Holders of the Notes and prospective purchasers if such information referenced above in sub-sections (a)(1) through (a)(3) and sub-section (b) of this Section 4.17 has been posted on Merger Parent Entity’s website.”
Amendments to Certain Covenants. With respect to the Notes, Sections 11.01 and 11.02 of Article Eleven of the Base Indenture are hereby amended to read as follows.
Amendments to Certain Covenants. From and after the Amendment Date, the covenants contained in the Credit Agreement shall be amended and modified as follows:
A. Definition of Capital Expenditures. The calculation of Consolidated Capital Expenditures, both for purposes of Section 6.16 (Capital Expenditures) and Section 6.24.2 (Debt Service Coverage Ratio), shall include all Capital Expenditures incurred by the Borrower on or after September 1, 2002, relating to the Oracle computer systems. Accordingly, the definition of the term "Consolidated Capital Expenditures" appearing in Section 1.1 of the Credit Agreement is amended in its entirety, effective from and after the Amendment Date, to read as follows:
Amendments to Certain Covenants