AMENDMENTS TO DEFINITION OF AVAILABILITY Sample Clauses

AMENDMENTS TO DEFINITION OF AVAILABILITY. Clause (a) of the definition of Availability is hereby amended by adding the following Clause (H) thereto after clause (G) thereof regarding Winter 2000 Overadvance Availability ending with "March 31, 2000)" and before "; PROVIDED": , or (H) in lieu of and without duplication with any Seasonal Overadvance, during the period from January 1, 2001 to March 31, 2001 only, the "Winter 2001 Overadvance Availability" (for the purposes of this Agreement, "WINTER 2001 OVERADVANCE AVAILABILITY" means the lesser of (i) $5,000,000 or (ii) 30% of the outstanding amounts due to the Borrower in respect of Accounts created in the ordinary course of the Borrower's business that are not Eligible Accounts; PROVIDED, HOWEVER, that in no event shall the Winter 2001 Overadvance Availability exist or otherwise be in effect once any Seasonal Overadvance Availability has been utilized on or after March 15, 2001 or otherwise after March 31, 2001)
Sample 1
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AMENDMENTS TO DEFINITION OF AVAILABILITY. Clause (a) of the definition of Availability is hereby amended by adding the following Clause (G) thereto after "(F) Seasonal Overadvance" and before "; provided": , or (G) in lieu of and without duplication with any Seasonal Overadvance, during the period from January 1, 2000 to March 31, 2000 only, the "Winter 2000 Overadvance Availability" (for the purposes of this Agreement, "Winter 2000 Overadvance Availability" means (a) the lesser of (i) $5,000,000 or (ii) 30% of the outstanding amounts due to the Borrower in respect of Accounts created in the ordinary course of the Borrower's business that are not Eligible Accounts, minus (b) the net proceeds of the rights offering described in the Parent Guarantor's press release dated December 14, 1999 or any similar offering of equity interests by the Parent Guarantor or the Borrower remaining after deduction for expenses incurred in connection with any such offering and deduction for amounts to be expended during the first calendar quarter of 2000 for the Borrower's "Internet venture" previously described to the Lenders (which net proceeds the Parent Guarantor and the Borrower hereby agree to use to prepay the Loans based on Availability by use of the Winter 2000 Overadvance Availability in the amount of such net proceeds); provided, however that in no event shall the Winter 2000 Overadvance Availability exist or otherwise be in effect once any Seasonal Overadvance Availability has been utilized on or after March 15, 2000 or otherwise after March 31, 2000).
Sample 1

Related to AMENDMENTS TO DEFINITION OF AVAILABILITY

  • Amendments to Definitions Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in alphabetical order.

  • Amendments to Equity Definitions (i) Section 12.6(a)(ii) of the Equity Definitions is hereby amended by (1) deleting from the fourth line thereof the word “or” after the word “official” and inserting a comma therefor, and (2) deleting the semi-colon at the end of subsection (B) thereof and inserting the following words therefor “or (C) the occurrence of any of the events specified in Section 5(a)(vii)(1) through (9) of the ISDA Master Agreement with respect to that Issuer.” (ii) Section 12.9(b)(i) of the Equity Definitions is hereby amended by (1) replacing “either party may elect” with “Dealer may elect” and (2) replacing “notice to the other party” with “notice to Counterparty” in the first sentence of such section.

  • Amendment to Definitions In Section 1.01, amendments are made to the definitions as follows:

  • Amendments to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions, in proper alphabetical order, as follows:

  • Amendments to the Equity Definitions (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “a diluting or concentrative” and replacing them with the words “an”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (x) replacing the words “a diluting or concentrative” with “an”, (y) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence and (z) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “a diluting or concentrative” and replacing them with the word “a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.6(a)(ii) of the Equity Definitions is hereby amended by (1) deleting from the fourth line thereof the word “or” after the word “official” and inserting a comma therefor, and (2) deleting the semi-colon at the end of subsection (B) thereof and inserting the following words therefor “or (C) at Dealer’s option, the occurrence of any of the events specified in Section 5(a)(vii) (1) through (9) of the ISDA Master Agreement with respect to that Issuer.” (E) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

  • Deleted Definitions Subject to Section 2.01 hereof, the Indenture is hereby amended by deleting any definitions from the Indenture with respect to which references would be eliminated as a result of the amendment of the Indenture pursuant to Section 1.01 hereof.

  • Amendments to Section 2 01. Section 2.01 of the Credit Agreement is hereby amended as follows: (a) Section 2.01(a) is hereby amended and restated in its entirety to read as follows:

  • Amendments to Section 1.01 (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order:

  • Amendments to Section 1 1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in such Section in the appropriate alphabetical sequence:

  • Amendments to Section 5 1 of the Original Indenture. Solely for the purpose of determining Events of Default with respect to the 2023 Notes, paragraphs Section 5.1(e), Section 5.1(f) and Section 5.1(h) of the Original Indenture shall be amended such that each and every reference therein to the Issuer shall be deemed to mean either the Issuer or Consumers.

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