Amendments to Participation Agreement. The Participation Agreement may not be amended, altered, or modified without the written consent of Transferee.
Amendments to Participation Agreement. Subject to the satisfaction of the conditions set forth in Paragraph 5 below, the Participation Agreement is hereby amended as follows:
(a) Subparagraph 2.06(a) is amended by changing clause (iii)(D) to read in its entirety as follows:
Amendments to Participation Agreement. (a) Section 8.3 of the Participation Agreement shall be and is hereby amended and restated in its entirety to read as follows:
Amendments to Participation Agreement. Effective as of the Effective Date, the Participation Agreement is hereby amended as follows:
(a) Section 1 of the Participation Agreement is hereby amended by deleting the definition of “Affiliate” in its entirety and replacing it with the following new definition:
Amendments to Participation Agreement. This Amendment shall be deemed to be an amendment to the Participation Agreement and shall not be construed in any way as a replacement or substitution therefor. All of the terms and conditions of, and terms defined in, this Amendment are hereby incorporated by reference into the Participation Agreement as if such terms and provisions were set forth in full therein.
1.1 Section 10.2(a)(iv) of the Participation Agreement is amended and restated in its entirety as follows:
Amendments to Participation Agreement. Lessee, the ------------------------------------- Agent, the Certificate Holders and the Lessor Trustee amend the Participation Agreement as follows:
Amendments to Participation Agreement. (a) Section 4.1 of the Participation Agreement shall be and is hereby amended as follows:
(i) Section 4.1(a) shall be and is hereby amended and restated to read as follows:
(a) Corporate or Partnership Existence and Power. The General Partner, the MLP, Lessee and each of the Restricted Subsidiaries:
(i) is a corporation or partnership duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation;
(ii) has the power and authority and all governmental licenses, authorizations, consents and approvals to own its assets, carry on its business as now being or as proposed to be conducted and to execute, deliver, and perform its obligations under the Operative Documents;
(iii) is duly qualified as a foreign corporation or partnership and is licensed and in good standing under the laws of each jurisdiction where its ownership, lease or operation of property or the conduct of its business requires such qualification or license or where the failure so to qualify could reasonably be expect to have a Material Adverse Effect; and
(iv) is in compliance with all material Requirements of Law, except where the failure to so comply could not reasonably be expected to have a Material Adverse Effect."
(ii) Sections 4.1(b), (c), (d), (i) and (n) shall be and are hereby amended by deleting all references therein to the term "Subsidiary" and substituting in place thereof the term "Restricted Subsidiary".
Amendments to Participation Agreement. (a) Section 5.17 of the Participation Agreement is hereby amended by replacing the words "no later than 30 days following January 1, 2001 and biennially thereafter" with the words "at least 30 days prior to January 1, 2003 and biennially thereafter (and prior to or concurrently with the Pro Forma projections and related calculations required in such year pursuant to Section 5.3(c))" in the fourth and fifth lines thereof.
(b) Section 6.7 of the Participation Agreement is hereby amended by replacing the words "Section 2.12" with the words "Section 3.13" in the second line thereof.
Amendments to Participation Agreement. The Participation Agreement is hereby amended as follows:
(a) Section 5.03(c) is amended to read in its entirety as follows: Minimum Consolidated Tangible Net Worth. Lessee will maintain Consolidated Tangible Net Worth (exclusive of the cumulative translation adjustment account as reported in the consolidated balance sheet of Lessee and its Subsidiaries as of such date) as of the end of each fiscal quarter of not less than (i) $1,100,000,000 plus (ii) one hundred percent (100%) of the Net Proceeds received by Lessee or any of its Subsidiaries from the sale or issuance of equity securities (including equity securities issued upon the conversion of Subordinated Debt or (regardless of whether included in the definition of "Subordinated Debt") Existing Subordinated Debt) to any Person other than Lessee or any of its Subsidiaries after July 1, 2001, plus (iii) eighty percent (80%) of the sum of Consolidated Net Income, if such sum is positive, for each fiscal quarter elapsed after July 1, 2001, minus (iv) the net value of Lessee stock not exceeding $250,000,000 in aggregate amount repurchased by Lessee pursuant to employee stock ownership and purchase plans (provided that Lessee shall not so repurchase stock in an aggregate amount which exceeds five percent (5%) of its stock outstanding as of the last day of such fiscal quarter).
(b) Section 5.03(d) is amended to read in its entirety as follows:
Amendments to Participation Agreement. 1Section 4.8 of the Participation Agreement shall be amended in its entirety to read as follows:
