Amendments to Guaranty and Security Agreement. The Guaranty and Security Agreement is hereby amended as follows:
Amendments to Guaranty and Security Agreement. (i) The definition of “
Amendments to Guaranty and Security Agreement. Subject to the satisfaction of the conditions to effectiveness set forth in Section 5 below Subject to the satisfaction of the conditions to effectiveness set forth in Section 5 below:
Amendments to Guaranty and Security Agreement. (a) The definition of “Excluded Accounts” in Section 1(a) of the Guaranty and Security Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Guaranty and Security Agreement. Subject to the satisfaction (or waiver in writing by Agent) of the conditions precedent set forth in Section 4 hereof, the Guaranty and Security Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Guaranty and Security Agreement attached hereto as Exhibit D.
Amendments to Guaranty and Security Agreement. Effective as of the Amendment No. 4 Effective Date, and in reliance on the representations and warranties of Loan Parties set forth in this Agreement and in the Credit Agreement, as amended hereby, each of the parties hereto agree: (a) Schedule 1, Schedule 2, Schedule 3, Schedule 4, Schedule 5, Schedule 6, Schedule 7, Schedule 8, Schedule 9, Schedule 10, and Schedule 11 respectively, to the Guaranty and Security Agreement are hereby amended and restated in their entirety to read as set forth in Exhibit B to this Agreement; 2 167062867 (b) the definitions of “Cash Dominion Event” and “Cash Dominion Period” appearing in Section 1(a) of the Guaranty and Security Agreement are hereby amended and restated in their entirety to read as follows: ““Cash Dominion Event” means the occurrence of either of the following: (A) the occurrence and continuance of any Event of Default, or (B) Availability is less than the greater of (x) 15% of the Combined Line Cap (excluding the effect, if any, of any Term Pushdown Reserve) and (y) $16,250,000 for any time. “Cash Dominion Period” means the period commencing after the occurrence of a Cash Dominion Event and continuing until the date when (A) no Event of Default shall exist and be continuing, and (B) Availability is greater than the greater of (x) 15% of the Combined Line Cap (excluding the effect, if any, of any Term Pushdown Reserve) and (y) $16,250,000 for 30 consecutive days.” and (c) each reference to “As of the Closing Date” or “as of the Closing Date” in Section 6 of the Guaranty and Security Agreement shall be amended to read “As of the Amendment No. 4 Effective Date” or “as of the Amendment No. 4 Effective Date”, as applicable, in each place the same appears therein. 4.
Amendments to Guaranty and Security Agreement. Subject to the satisfaction (or waiver in writing by Agent) of the conditions precedent set forth in Section 7 hereof, (a) Section 1 of the Guaranty and Security Agreement is hereby amended by deleting the definitions of “Activation Instruction”, “Cash Dominion Event” and “Cash Dominion Period” and (b) Section 7(k)(ii) of the Guaranty and Security Agreement is hereby amended and restated as follows:
Amendments to Guaranty and Security Agreement. In reliance on the representations and warranties of the Loan Parties set forth in Section 5 below, and subject to the satisfaction of the conditions to effectiveness set forth in Section 4 below, the Credit Agreement (but not the Schedules and Exhibits attached thereto) shall be amended as set forth below in this Section 2 (such amendments, together with the Credit Agreement Amendments, collectively, the “Amendments”):
Amendments to Guaranty and Security Agreement. In reliance on the representations and warranties of the Loan Parties set forth in Section 6 below, and subject to the satisfaction of the conditions to effectiveness set forth in Section 5(a) below, other than with respect to (i) the amendment to Section 7(n) of the Guaranty and Security Agreement and (ii) the amendment set forth in clause (b) herein (collectively, the “Title Covenant Amendments”), each of which shall be subject to the satisfaction of the conditions to effectiveness set forth in Section 5(b) below, (a) the Guaranty and Security Agreement and Annex 1 thereto (but not the Schedules and Exhibits attached thereto) shall be amended in their entirety to read and (b) the Guaranty and Security Agreement shall be further amended by adding a new Schedule 7(n) thereto, in each case, as set forth in the Guaranty and Security Agreement attached as Annex B hereto (such amendments together with the Title Covenant Amendments and the Credit Agreement Amendments, collectively, the “Amendments”).
Amendments to Guaranty and Security Agreement. (a) The definition of “Cash Dominion Event” in Section 1(a) of the Credit Agreement is hereby amended to read in its entirety as follows: “ (ix) “Cash Dominion Event” means the occurrence of either of the following: (A) the occurrence and continuance of any Event of Default, or (B) the occurrence of any Springing Trigger Event.” (b) The definition of “Cash Dominion Period” in Section 1(a) of the Credit Agreement is hereby amended to read in its entirety as follows: “ (x) “Cash Dominion Period” means the period commencing after the occurrence of a Cash Dominion Event and continuing until the date when (A) no Event of Default shall exist and be continuing, (B) Availability is greater than $2,500,000 for 30 consecutive days, and (C) Liquidity is greater than the greater of (x) 12.5% of the Line Cap, and (y) $6,000,000 for 30 consecutive days.” 4.
