Amendments to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended as follows:
Amendments to Section 1.1 of the Credit Agreement. (a) Section 1.1 of the Credit Agreement is hereby amended to add the following definitions in alphabetical order to read as follows:
Amendments to Section 1.1 of the Credit Agreement. (a) Section 1.1 of the Credit Agreement is hereby amended by deleting the definitions of “Applicable Margin,” “Commitment,” “Facility,” “Term Loan,” “Term Loan Lender” and “Term Loan Percentage” in their respective entireties and substituting in lieu thereof the following in the appropriate alphabetical order:
Amendments to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby modified and amended to delete the existing subsection (b)(ii) in its entirety and to substitute the following in lieu thereof:
Amendments to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended to add the following definitions of “Domestic Subsidiary” and “Foreign Subsidiary” in alphabetical order therein:
Amendments to Section 1.1 of the Credit Agreement. (a) Section 1.1 of the Credit Agreement is hereby amended by adding the following clause (v) to the definition of “Additional Fourth Quarter 2007 Add-Backs”, immediately after existing clause (iv) thereof and immediately before the final proviso thereof: “and (v) amounts representing charges taken by Borrower in respect of the Securities and Derivative Litigation Settlement not to exceed $4,900,000”
Amendments to Section 1.1 of the Credit Agreement. (i) Section 11 of the Credit Agreement is hereby amended by deleting the following terms in their entirety: “Additional Spinoff Guarantor Note,” “Appliance Warehouse Assets,” “Appliance Warehouse Investment,” “Appliance Warehouse Note,” “Initial Appliance Warehouse Investment,” “Permitted Distribution,” “Permitted Tax Distribution,” “Release Payment,” “Spinoff Guarantor,” “Spinoff Guarantor Note” and “Spinoff Guarantor Release Event.”
Amendments to Section 1.1 of the Credit Agreement. (a) Section 11.1 of the Credit Agreement is hereby amended by restating the table therein in its entirety as follows: ----------------------------------------------------------------------- PERIOD (inclusive of dates) RATIO ----------------------------------------------------------------------- Funding Date - 11/29/04 7.50:1.00 ----------------------------------------------------------------------- 11/30/04 - 8/30/06 7.25:1.00 ----------------------------------------------------------------------- 8/31/06 - 2/27/07 7.00:1.00 ----------------------------------------------------------------------- 2/28/07 - 2/28/08 6.50:1.00 ----------------------------------------------------------------------- 2/29/08 - 2/27/09 6.25:1.00 ----------------------------------------------------------------------- 2/28/09 - 2/27/10 6.00:1.00 ----------------------------------------------------------------------- Thereafter 5.75:1.00 -----------------------------------------------------------------------
Amendments to Section 1.1 of the Credit Agreement. The definition of Revolving Termination Date is hereby amended and restated in its entirety as follows:
Amendments to Section 1.1 of the Credit Agreement. (a) Section 1.1 of the Credit Agreement is hereby amended by adding the following new definitions in the appropriate alphabetical order: Fifth Amendment. The Fifth Amendment to Revolving Loan, Tranche B Loan and Security Agreement, dated as of September 25, 2007, among the Borrowers, the Lenders, the U.S. Administrative Agent and the Canadian Agent.
