Amendments to Section 1 of the Credit Agreement. (a) Subsection 1.1 of the Credit Agreement (Definitions) is hereby amended by inserting in such subsection the following definitions in the appropriate alphabetical order:
Amendments to Section 1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended as follows:
Amendments to Section 1 of the Credit Agreement. A. The second paragraph of subsection 1(i) of the Credit Agreement is hereby amended, in its entirety, to read as follows: "The Revolving Note shall (a) be dated the date of the Sixth Amendment to this Credit Agreement, (b) be payable to the order of Lender, (c) be in the stated principal amount equal to the Revolving Loan Commitment, (d) be payable on the Revolving Loan Commitment Termination Date, (e) bear interest with respect to the principal amount from time to time outstanding at the rate per annum specified in subsection 1(iii) hereof, and (f) be substantially in the form of Exhibit "A" hereto, with blanks completed in conformity herewith."
Amendments to Section 1 of the Credit Agreement. (a) The definition of “Applicable Margin” is hereby amended as follows:
Amendments to Section 1 of the Credit Agreement. Section 1.1 of the ----------------------------------------------- Credit Agreement is hereby amended by deleting the definition of "Thai Closing Date" in its entirety and substituting, in lieu thereof, the following:
Amendments to Section 1 of the Credit Agreement. (a) Section 1.1 of the Credit Agreement is hereby amended by amending and restating in its entirety the definition of “Revolving Credit Loan Maturity Date”: Revolving Credit Loan Maturity Date. The first to occur of (x) June 5, 2002 or (y) termination, as determined by the Agent in its sole and absolute discretion, of the Borrower’s proposed financing arrangements with Foothill Capital Corporation and others described in the Foothill Proposal Letter.
Amendments to Section 1 of the Credit Agreement. (a) Section 1 of the Credit Agreement is hereby amended by deleting the following definition of "Consolidated Adjusted EBIT" in its entirety and replacing it with the following new definition, inserted in proper alphabetical order: "Consolidated Adjusted EBIT. For any period, Consolidated Net Income (or deficit) for such period (a) plus, without duplication and to the extent reflected as a charge in the statement of such Consolidated Net Income (or deficit) for such period, the sum of (i) total income tax expense, (ii) interest expense, amortization or write-off of debt discount and debt issuance costs and commissions, discounts and other fees and charges associated with Indebtedness (including the Loans) and (iii) solely for the purposes of determining compliance with Section 11.2 hereof, (A) the non-cash non-recurring charge related to the early retirement plan and severance arrangements implemented in connection with the corporate reorganization of the Borrower to be taken in the fiscal year ending December 31, 2002, and (B) any non-cash charges attributable to the impairment of goodwill of the Borrower to be taken in the fiscal year ending December 31, 2002; and (b) minus, to the extent included in Consolidated Net Income (or deficit) for such period, the amount which would appear in accordance with GAAP on a statement of income of the Borrower and its consolidated Subsidiaries opposite the heading "Allowance for equity funds used during construction" (or any similar item)."
Amendments to Section 1 of the Credit Agreement. Section 1 of the Credit Agreement is hereby amended by adding new Sections 1.10 and 1.11 immediately following Section 1.9 of the Credit Agreement, which new Sections 1.10 and 1.11 shall read in full as follows:
