Amendments to Letter of Credit Agreement. The Existing LC Facility is, effective as of the date hereof and subject to the satisfaction of the conditions precedent set forth in Section 2, hereby amended as follows:
Amendments to Letter of Credit Agreement. The Letter of Credit Agreement shall be amended as follows:
(1) Section 1.1(a) of the Letter of Credit Agreement is deleted in its entirety and the following new Section 1.1(a) is substituted in lieu thereof:
Amendments to Letter of Credit Agreement. Subject to the terms and conditions of this Amendment, the Letter of Credit Agreement shall be amended as follows:
Amendments to Letter of Credit Agreement. The Letter of Credit Agreement shall be amended as follows:
(1) Section 1.7(a) of the Letter of Credit Agreement is deleted in its entirety and the following new Section 1.7(a) is substituted in lieu thereof:
(a) As to all payments made on any of the Obligations when a Default or Event of Default shall have occurred and be continuing or following the Commitment Termination Date, Debtor hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Debtor, and Debtor hereby irrevocably agrees that Creditor shall have the continuing exclusive right to apply any and all such payments against the Obligations as Creditor may deem advisable notwithstanding any previous entry by Creditor in the Letter of Credit Account or any other books and records. In the absence of a specific determination by Creditor with respect thereto, payments shall be applied to amounts then due and payable in the following order:
(1) to Fees and Creditor's expenses reimbursable hereunder; (2) to accrued but unpaid interest on the Obligations (other than the Other Secured Obligations); (3) to the outstanding principal balance of the Obligations (other than the Other Secured Obligations) and to provide cash collateral for Letter of Credit Obligations in the manner described in Section 1.1(c), ratably to the aggregate, combined outstanding principal balance of the Obligations (other than the Other Secured Obligations) and outstanding Letter of Credit Obligations; (4) to all other Obligations (other than the Other Secured Obligations); and (5) to all Other Secured Obligations. In the event of any conflict between this Section 1.7(a) and Section 1.7(a) of the Revolving Credit Agreement, this Section 1.7(a) shall control for purposes of determining application and allocation of any payments received by the Creditor hereunder.
(2) Annex A to the Letter of Credit Agreement is hereby amended by adding the following new definitions thereto in the appropriate alphabetical order:
Amendments to Letter of Credit Agreement. Section 1.01 of the Letter of Credit Agreement is hereby amended by inserting the word "Original" immediately following the text "Initial Borrowing Date under the" appearing in said Section.
Amendments to Letter of Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 5 herein:
(a) Section 1.1 of the Letter of Credit Agreement is amended by inserting the defined terms below in their appropriate alphabetical order:
Amendments to Letter of Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 5 herein, the Letter of Credit Agreement shall be amended effective as of Amendment No. 1 Effective Date by deleting 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 Letter of Credit Agreement attached as Exhibit A hereto.
Amendments to Letter of Credit Agreement. Effective as of July 31, 2013,
(a) Section 10.2 of the Letter of Credit Agreement is hereby amended by adding the following sentence as the last sentence of such Section 10.2(a): “Notwithstanding the foregoing, the Company shall not at any time (i) on or prior to April 30, 2014, increase the aggregate amount of its annual dividend above U.S. $6,900,000 or (ii) declare or make any share repurchase at any time on or prior to the Compliance Date.”
(b) The following definitions set forth in Schedule B to the Letter of Credit Agreement are hereby amended and restated by substituting the following therefor:
Amendments to Letter of Credit Agreement. The LC Agreement is hereby specifically amended as set forth in this Section 2. As set forth and used in the LC Agreement, the term “Lease” shall mean “the Master Lease dated as of even date with this Agreement, as amended, modified or revised from time to time.”
Amendments to Letter of Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 6 herein:
(a) The following proviso is added to the end of the introductory clause of Section 3.3: ; provided that none of the following conditions precedent shall be applicable in the case of the auto-renewal of any Auto-Renewal LC and, accordingly, the Issuers and the Participants, notwithstanding anything in this Agreement to the contrary, agree that (i) no Letter of Credit Request under Section 2.7(c) shall be required in connection with the auto-renewal of any Auto-Renewal LC, (ii) each Participant that is deemed to have purchased and received an undivided interest and participation in such Auto-Renewal LC pursuant to Section 2.7(b) shall continue to hold such interest and participation and shall continue to be required to fund its Ratable Portion of such Auto-Renewal LC pursuant to Section 2.7(i) notwithstanding the failure of any such condition precedent to be satisfied at the time of such auto-renewal or the terms of Section 2.5, 2.7(b), 9.2, or 9.3, and (iii) neither the Administrative Agent or any Participant shall be entitled to give a notice to any Issuer pursuant to Section 2.5(a)(ii), or 2.7(d) in connection with such auto-renewal that any of the conditions set forth in this Section 3.3 or Section 2.5 has not been satisfied
(b) Section 9.1(e) of the Letter of Credit Agreement is hereby amended by amending and restating it in its entirety as follows:
(e) (i) the Parent, an Applicant or any of the Parent’s Material Subsidiaries shall fail to make any payment on any Indebtedness of the Applicants or any such Material Subsidiary (other than (x) the Obligations and (y) Non-Recourse Indebtedness) or any Guaranty Obligation in respect of Indebtedness of any other Person, and, in each case, such failure (A) constitutes a failure to pay the principal amount of such Indebtedness when due and payable (whether at maturity or otherwise) or constitutes a failure to make any other payment where such failure permits (with the giving of notice if required), at the time of determination under this Section 9.1(e), the acceleration of such Indebtedness and (B) relates to Indebtedness having a principal amount of $35,000,000.00 or more, (ii) any other event shall occur or condition shall exist under any agreement or instrument relating to any Indebtedness having a principal amount of $35,000,000.00 or more (other than under the Lloyds Facility to the extent a letter of credit in the requisite amou...
