Amendments to Section 4. 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:
Amendments to Section 4. (a) Subsection 4.1 of the Credit Agreement is hereby amended (i) by deleting clauses (c) and (d) thereof and inserting in lieu thereof the following:
Amendments to Section 4. 2. Section 4.2 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Amendments to Section 4. 02. --------------------------
(a) Section 4.02(a) of the Agreement is amended and restated to read in its entirety as follows:
(a) Establishment of the Collections Account, the Group Collections Accounts and the Excess Funding Accounts. The Trustee, for the benefit of Certificateholders, shall cause to be established and maintained in the name of the Trust either (i) non-interest bearing segregated trust accounts with the corporate trust department of an office or branch of a Qualified Trust Institution or (ii) non-interest bearing segregated deposit accounts or securities accounts with an Eligible Institution. One account shall be designated the "Collections Account," one account shall be designated the "Excess Funding Account (SRC)," one account shall be designated for each Group (each, a "Group Collections Account"), in each case marked to indicate clearly that the funds deposited therein and property credited thereto are held by the Trustee for the benefit of the Certificateholders. Subject to subsection (c) below, the Trust shall possess all right, title and interest in all property from time to time credited to and all funds from time to time on deposit in the Collections Account, the Excess Funding Account (General), the Excess Funding Account (SRC) and each Group Collections Account and in all proceeds thereof. Pursuant to authority granted to it pursuant to Section 3.01(b), the Servicer shall have the revocable power to instruct the Trustee to withdraw funds from the Collections Account, the Excess Funding Account (General), the Excess Funding Account (SRC) and the Group Collections Accounts for the purpose of carrying out the duties of the Servicer hereunder. The Servicer at all times shall maintain accurate records reflecting each transaction in the Collections Account, the Excess Funding Account (General), the Excess Funding Account (SRC) and the Group Collections Accounts."
(b) Section 4.02(c) of the Agreement is amended and restated to read in its entirety as follows:
(c) Administration of Trust Property and the Investor Accounts. Except as otherwise provided in a relevant Series Supplement, any funds on deposit in any Investor Account for more than one Business Day shall at all times be invested in Permitted Investments at the written direction of the Seller or its agent, subject to the restrictions set forth below. The Trustee shall hold or maintain all property of the Trust, including all Permitted Investments, such that the Trustee at al...
Amendments to Section 4. 2. The reference to “56% of outstanding Preferred Stock” in Section 4.2 is hereby deleted in its entirety, and the following inserted in lieu thereof: “a majority of the then outstanding shares of Preferred Stock, including at least one of the Requisite Holders for so long as at least one of the Requisite Holders holds a majority of the shares of Series A-2 Preferred Stock purchased by such Requisite Holder from the Company prior to the Milestone Closing (subject to appropriate adjustment for any stock splits, stock dividends, combinations, recapitalizations and the like),”.
Amendments to Section 4. 2.
(A) Section 4.2(D) of the Partnership Agreement is hereby amended and restated in its entirety as follows:
Amendments to Section 4. 07. (a) Clause (C)(v) of Section 4.07(a) of the Indenture is hereby amended, such that the reference to “Section 4.09(a)” in the last line thereof is deleted and replaced by a reference to “Section 4.07(a)”.
Amendments to Section 4. 1
(a) Section 4.1(a)(i) of the Agreement is hereby amended by deleting the references to “a fee of $0.55 per kilogram” and replacing it with “a fee per kilogram as set out in Schedule “A”, as may be amended from time to time, provided Call2Recycle may unilaterally increase such amount at any time upon written notice”.
(b) Section 4.1(a)(i) of the Agreement is hereby amended by deleting the references to “a fee of $1.20 per kilogram” and replacing it with “a fee per kilogram as set out in Schedule “A”, as may be amended from time to time, provided Call2Recycle may unilaterally increase such amount at any time upon written notice”.
Amendments to Section 4. 1.
(a) Section 4.1(c) of the Indenture is hereby amended and restated in its entirety to read as follows: "during the five (5) consecutive Business Day period following any five (5) consecutive Trading-Day period in which the average Trading Price for the Securities (as determined by the Trustee) for such five (5) Trading-Day period was less than 95% of the average Conversion Value for the Securities during that period; provided, however, that if, on the day prior to the Conversion Date, the Closing Price of the Applicable Stock is greater than 100% of the applicable Conversion Price and less than or equal to 120% of the applicable Conversion Price, a Security is surrendered for conversion and the Securities are not otherwise convertible, the Company shall satisfy such conversion in cash with a value equal to the principal amount of such Security to be converted;"
(b) The last sentence of Section 4.1 of the Indenture is hereby amended and restated in its entirety to read as follows: "Notwithstanding any other provision of the Securities or this Indenture, all Holders' rights with respect to conversion of the Securities and the Company's obligation to deliver shares of Applicable Stock upon such conversion (the "Conversion Obligation"), are subject, in their entirety, to the Company's rights and obligations to satisfy such Conversion Obligation pursuant to the provisions of Section 4.14."
Amendments to Section 4. 1. Effective July 1, 1997, the non-default interest rate with respect to Base Rate Loans or any other Obligations other than LIBOR Loans is hereby decreased from a fluctuating rate equal to one-half percent (.50%) per annum above the Base Rate in effect from time to time to a fluctuating rate equal to the Base Rate in effect from time to time and with respect to LIBOR Loans is hereby decreased from a fluctuating rate equal to two and three-quarters percent (2 3/4%) per annum above the LIBOR Rate to two percent (2%) per annum above the LIBOR Rate. Such decreases shall be effected by (a) deleting the words "one-half percent (.50%) per annum above" in the third and fourth lines of Section 4.1(a)(i) of the Loan Agreement and (b) deleting the words "two and three-quarters percent (2 3/4%)" from the third line of Section 4.1(a)(ii) of the Loan Agreement and substituting the words "two percent (2%)" therefor.
