Amendments to Section 1.01 of the Credit Agreement. (i) The following new definitions shall hereby be added to Section 1.01 of the Credit Agreement in appropriate alphabetical order:
Amendments to Section 1.01 of the Credit Agreement. (a) The following definitions set forth in the Credit Agreement are amended and restated in their entirety as follows:
Amendments to Section 1.01 of the Credit Agreement. On the Initial Effective Date (as defined below), Section 1.01 of the Credit Agreement is amended by inserting the following definitions in the appropriate alphabetical order:
Amendments to Section 1.01 of the Credit Agreement. Effective as of the Amendment Date,
(a) each of the following definitions in Section 1.01 of the Credit Agreement, is hereby amended and restated to read in its entirety as follows:
Amendments to Section 1.01 of the Credit Agreement. (a) The definition of the term “Consolidated Net Income” in Section 1.01 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendments to Section 1.01 of the Credit Agreement. Section 1.01 of the Credit Agreement is hereby amended in the following manner:
(a) The definition of “Business Day” is hereby deleted in its entirety and replaced with the following:
Amendments to Section 1.01 of the Credit Agreement. (a) Effective as of the date hereof, the definition of “Letter of Credit Sublimit” in Section 1.01 of the Credit Agreement shall be amended by replacing the reference to the amount “$10,000,000” with a reference to the amount “$7,000,000.”
(b) Effective as of the date hereof, the definition of “Maturity Date” in Section 1.01 of the Credit Agreement shall be amended by deleting such definition in its entirety and replacing it to read as follows:
Amendments to Section 1.01 of the Credit Agreement. Section 1.01 of the Credit Agreement (Defined Terms) shall be amended as follows:
i. The definition of “Change in Control” shall be amended to add the following at the end thereof: In addition, notwithstanding the foregoing, (1) a transaction in which the Borrower becomes a subsidiary of another person (such person, the “New Parent”) in connection with any reorganization in preparation of an Initial Public Offering, shall not constitute a Change in Control under clause (a) above to the extent any combination of Permitted Holders shall own beneficially (within the meaning of Rules 13d-3 and 13d-5 of the Exchange Act as in effect on the Effective Date), directly or indirectly, in the aggregate, Equity Interests representing at least a majority of the aggregate ordinary voting power represented by the issued and outstanding Equity Interests of the Borrower and (2) a person or group shall not be deemed to have beneficial ownership of Equity Interests subject to a stock purchase agreement, merger agreement or similar agreement (or voting or option agreement related thereto) prior to the consummation of the transactions contemplated by such agreement.
ii. The definition of “Change in Law” shall be amended to add the following at the end thereof: Notwithstanding anything in the foregoing to the contrary, none of the Administrative Agent nor any Lender shall be required to disclose any information related to similarly situated customers, comparable provisions of similar agreements or otherwise that the Administrative Agent or such Lender (as applicable), in its sole discretion, deems proprietary, privileged or confidential, and the Administrative Agent’s or applicable Lender’s failure to provide such information shall not preclude it from asserting that such other customer is similarly situated under a similar agreement to the Borrower.
iii. The definition of “Commitment” shall be amended to replace the reference to “$50,000,000” at the end thereof with “$100,000,000”.
Amendments to Section 1.01 of the Credit Agreement. Section 1.01 of the Credit Agreement is hereby amended as follows:
(a) by inserting at the end of the definition of “Available Equity Proceeds” the following: “; provided that proceeds of any such issuance or sale of common stock of the Company which is designated as having been issued or sold to refinance Indebtedness for the purposes of clause (ii) of the definition of “Fixed Charges” or to finance a loan for the purposes of clause (v) of the definition of “Fixed Charges” shall not be included in the calculation of Available Equity Proceeds”;
(b) by inserting after the words “European Facility” in the fourth line of the definition of “European Refinancing Facility” the following: “and that such replacement or refinancing may take the form of a letter of credit facility permitting the issuance of letters of credit for the benefit of the Company or any of its Subsidiaries”;
(c) by amending the definition of “Fixed Charges” by:
(i) inserting after the words “such principal” in clause (ii) thereof the words “, so long as such Indebtedness incurred is not owed or such issuance of equity is not made to a Loan Party or any subsidiary thereof”; and
(ii) deleting clause (v) thereof in its entirety and inserting in lieu thereof the following:
(v) without duplication of amounts included pursuant to clause (ii) above, the aggregate principal amount of all loans made in reliance upon Section 6.04(o) during such Test Period (other than any such loans (A) the proceeds of which are used to repay obligations under the European Facility on or prior to August 15, 2009 or (B) to the extent made with the proceeds of Indebtedness incurred or an issuance of equity to finance such loans, so long as such Indebtedness incurred is not owed or such issuance of equity is not made to a Loan Party or any subsidiary thereof), net of any repayments of such loans made during such Test Period, all calculated for the Company and its Subsidiaries on a consolidated basis in accordance with GAAP.”;
(d) by deleting clause (y) of the definition of “Maturity Date” in its entirety and inserting in lieu thereof the following:
(y) in the event that the European Facility has not been refinanced, repaid or extended prior to May 25, 2010, the Maturity Date, as determined pursuant to clause (a) hereof, shall be May 25, 2010 (it being understood that, except in the case of a European Refinancing Facility the extensions of credit under which are limited to the issuance of letters of credit and short term...
Amendments to Section 1.01 of the Credit Agreement. Section 10.1 of the Credit Agreement shall be amended as follows:
(a) Clause (ii) of paragraph (a) of Section 10.1 of the Credit Agreement shall be amended by adding a comma (“,”) after the reference to “9.20” and replacing the reference to “and 9.22” with a reference to “9.22, 9.25 and 9.26”.
(b) Paragraph (d) of Section 10.1 of the Credit Agreement shall be amended by replacing (i) each reference to “$1,000,000” with a reference to “$2,500,000” and (ii) the reference to “$2,000,000” with a reference to “$5,000,000”.
(c) Paragraph (i) of Section 10.1 of the Credit Agreement shall be amended by (i) replacing the reference to “$2,500,000” with a reference to “$5,000,000” and (ii) deleting the phrase “, including without limitation the Indebtedness evidenced by the Senior Secured Notes and the other Senior Secured Note Documents,”.
(d) Paragraph (m) of Section 10.1 of the Credit Agreement shall be amended by replacing the reference to “$1,000,000” with a reference to “$2,000,000”.
(e) Paragraph (p) of Section 10.1 of the Credit Agreement shall be amended by replacing paragraph (p) of Section 10.1 in its entirety to read in full as “(p) [Reserved].”
