Amendments to Section 1.01 of the Credit Agreement Sample Clauses
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. Effective as of the Fifth Amendment Effective Date, Section 1.01 of the Credit Agreement is hereby amended as follows:
(a) The following definitions set forth in Section 1.01 of the Credit Agreement are hereby amended and restated in their entireties to read 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. 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. (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 (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 by restating the following definitions in their entirety as follows:
Amendments to Section 1.01 of the Credit Agreement. (a) Section 10.1(g) of the Credit Agreement is hereby amended and restated in its entirety to read in full as follows:
(g) (i) Indebtedness (including Indebtedness arising under Capital Leases) incurred prior to or within 270 days after the acquisition, construction, lease, repair, replacement, expansion or improvement of fixed or capital assets to finance the acquisition, construction, lease, repair, replacement expansion, or improvement of such fixed or capital assets; (ii) Indebtedness arising under Capital Leases, other than (A) Capital Leases in effect on the Closing Date and (B) Capital Leases entered into pursuant to subclause (i) above (provided that, in the case of each of the foregoing subclauses (i) and (ii), the aggregate principal amount of Indebtedness outstanding at any time pursuant to this clause (g) shall not at the time of incurrence thereof and after giving pro forma effect thereto, exceed $200,000,000 (measured as of the date such Indebtedness is incurred based upon the financial statements most recently available prior to such date); and (iii) any Permitted Refinancing Indebtedness issued or incurred to Refinance any such Indebtedness;”
(b) Clause (iv) of Section 10.1(aa) of the Credit Agreement is hereby amended by deleting the phrase “set forth in Section 10.11” where it appears in clause (A) therein.
Amendments to Section 1.01 of the Credit Agreement. Effective as of the First Amendment Effective Date (as defined below), Section 1.01 of the Credit Agreement is hereby amended as follows:
(a) The definition of “Other Prepayment Event” is hereby amended by replacing it in its entirety with the following: