Amendments to Certain Definitions. Subject to Section 4.02 hereof, Section 1.01 of the Indenture is hereby amended by deleting those definitions which appear solely in the text deleted from the Indenture pursuant to the amendments contained in Section 2.01 herein. All cross-references in the Indenture to sections and clauses deleted by this Article II shall also be deleted in their entirety.
Amendments to Certain Definitions. The definitions of the following terms in the Loan Agreement are hereby amended and restated in their entireties as follows:
Amendments to Certain Definitions. The following definitions set forth in Section 1.01 of the Credit Agreement are hereby amended as follows:
Amendments to Certain Definitions. Subject to Section 3.2 hereof, Section 1.01 of the Indenture is hereby amended by:
Amendments to Certain Definitions. Section 1.01 of the Indenture (Definitions) is hereby amended as follows:
Amendments to Certain Definitions. From and after the Effective Date, each of the following definitions set forth in the Agreement is hereby amended as follows:
Amendments to Certain Definitions. (a) Clause (1) of the definition of “Permitted Liens” in the Indenture shall be amended by adding the following underlined text: “Liens securing First-Priority Lien Obligations and/or Junior Priority Lien Obligations in an amount when created or Incurred, together with the amount of all other obligations secured by a Lien under this clause (1) at that time outstanding (and any Permitted Refinancing Indebtedness Incurred in respect thereof) and (in the case of clause (B) only) any Liens securing obligations in respect of the 6.75% Notes due 2028 of AC Holdings, not to exceed the greater of (A) the sum of (i) the amount of Indebtedness Incurred and outstanding at such time under Section 4.09(b)(i), (iii), (iv) and (xv) plus (ii) the amount of Indebtedness available for Incurrence at such time under Section 4.09(b)(i), (iii), (iv) and (xv) and (B) the product of (x) 2.50 and (y) the Company’s Consolidated Cash Flow for the most recent four fiscal quarters for which internal financial statements are available at such time, which Consolidated Cash Flow shall be calculated on a pro forma basis in the manner set out in clause (a) of the definition of “Consolidated Leverage Ratio”; provided that (i) if any such Indebtedness has Pari Passu Lien Priority or Junior Lien Priority relative to the Notes with respect to the Collateral, then it shall not be secured by any other assets that do not constitute Collateral and (ii)(A) in the case of any such Liens securing First-Priority Lien Obligations, such First-Priority Lien Obligations shall be subject to the Pari Passu Intercreditor Agreement, and (B) in the case of any such Liens securing Junior Priority Lien Obligations, such Junior Priority Lien Obligations shall be subject to the Junior Priority Lien Intercreditor Agreement and any Junior Priority Lien Obligations that may be incurred by the Issuers and the Guarantors from time to time under the Indenture may be second-priority Indebtedness or other junior secured Indebtedness (including without limitation third-priority Indebtedness);”
Amendments to Certain Definitions. The following definitions in Section 1.1(b) of the Security Agreement are hereby deleted in their entirety and restated as follows: “‘ABL Claimholders’ means, at any time of determination, collectively, (a) the ABL Agent, (b) the lenders under the ABL Credit Agreement at such time, (c) the issuing bank or banks of letters of credit or similar instruments under the ABL Credit Agreement, (d) each other person to whom any of the Obligations under the ABL Credit Agreement is owed at such time and (e) the successors, replacements and assigns of each of the foregoing.” “‘Agents’ means the Noteholder Collateral Agent, the ABL Agent, the Term Agent, the Additional Noteholder Agent (if applicable) and the Trustee; and ‘Agent’ means any of them.”
Amendments to Certain Definitions. (a) Clause (i) of the definition of "EBITDA" contained in Section 1.01 of the DIP Credit Agreement is hereby amended by (x) deleting the word "and" at the end of clause (F) thereof and replacing it with a comma and (y) adding the following new clauses (G), (H) and (I) at the end of clause (F) thereof:
Amendments to Certain Definitions. (a) The definition of "Borrower Group" contained in Section 1.01 of the DIP Credit Agreement is hereby amended by adding the following language to the end of such definition: "and, from and after the date that the Forfeited Entities become Loan Parties as contemplated by Section 13 of Amendment No. 3, all such Forfeited Entities that are identified in Schedule I to Amendment No. 3 as belonging to such Borrower Group."
