Amendments to Section 6.1. A. Section 6.1(m) of the Credit Agreement is amended and restated as follows:
Amendments to Section 6.1. A. Section 6.1(c) of the Credit Agreement is amended by adding the following at the end thereof: “(which amount shall be reduced by the aggregate principal amount of such Indebtedness repurchased by Borrower (including pursuant to the Second Lien Credit Agreement Amendment) and cancelled pursuant to the terms thereof).”
Amendments to Section 6.1. (a) Section 6.1(e) of the Credit Agreement is hereby amended by replacing the amount “20,000,000” therefrom and inserting “20,087,000” in lieu thereof.
Amendments to Section 6.1. Section 6.1 of the Existing Agreement is hereby amended as follows:
Amendments to Section 6.1. (a) Section 6.1 of the Credit Agreement is hereby amended by (i) deleting clause (a) in its entirety and (ii) inserting in lieu thereof the following new clause (a): Permit the Consolidated Leverage Ratio as at the last day of any period of four consecutive fiscal quarters of the Borrower, commencing on December 31, 2006, to exceed 5.00 to 1.00; provided that Consolidated EBITDA shall be calculated for purposes of the Consolidated Leverage Ratio (a) for each fiscal quarter in such period ended on or prior to September 30, 2006 after giving pro forma effect to the Canyon Acquisition and the Pecos Acquisition as though they had occurred on the first day of such period and (b) for each fiscal quarter in any such period ended after September 30, 2006 after giving pro forma effect to any material acquisition as though it had occurred on the first day of such period.
Amendments to Section 6.1. (i) Paragraph (c) of Section 6.1 of the Purchase Agreement is hereby amended and restated in its entirety as follows:
Amendments to Section 6.1. Section 6.1 of the Credit Agreement is hereby amended by deleting existing clause (m) in its entirety, adding new clauses (m), (n) and (o) to the end of such Section to read as follows, and making the appropriate punctuation and grammatical changes thereto:
Amendments to Section 6.1. (a) Section 6.1(a) of the Loan Agreement is hereby amended by (i) deleting therefrom the portion of the table for March 31, 2009, June 30, 2009, September 30, 2009 and December 31, 2009 and inserting in lieu thereof the following: Fiscal Quarter Consolidated Senior Secured Leverage Ratio March 31, 2009 6.25 to 1.00 June 30, 2009 8.00 to 1.00 September 30, 2009 9.00 to 1.00 December 31, 2009 7.75 to 1.00 and (ii) adding the following after the table contained therein: “; provided that if (x) Holdings has received $40,000,000 in gross cash proceeds from the issuance of Qualified Securities the net proceeds of which was applied to reduce the amount of the Loans at par or pursuant to a dutch auction made available to all Lenders and conducted in accordance with procedures reasonably acceptable to the Required Lenders (“Covenant Relief Equity Condition”), (y) a Threshold Notes Conversion Event has occurred, and (z) the maturity date of the ABL Facility Agreement is extended until, or the maturity date of any replacement facility to the ABL Facility is, no earlier than June 21, 2011, the maximum Consolidated Senior Secured Leverage Ratio for the period ending on each of March 31, 2010, shall be 6.63 to 1.00, June 30, 2010 shall be 5.50 to 1.00, September 30, 2010 shall be 4.38 to 1.00 and December 31, 2010 shall be 3.25 to 1.00; provided, further that for purposes of the covenant contained in this Section 6.1(a), and notwithstanding anything to the contrary in subsection (i) of the definition of “Consolidated EBITDA”, Consolidated EBITDA shall be increased by the amount of any non-cash charges or expenses incurred in connection with the First Amendment or the transactions contemplated thereby, without limitation as to amount, to the extent such non-cash charges or expenses are reflected as a charge in the statement of Consolidated Net Income for such period. For the avoidance of doubt, any reference to a date in this Section 6.1(a) shall be deemed to be the last date of the respective fiscal quarter of the Borrower closest to such date specified herein under the Borrower’s current 52/53 week fiscal year system.”.
Amendments to Section 6.1. (a) Clause of (j) of Section 6.1 of the Credit Agreement is hereby amended by replacing the dollar amount of “$45,000,000” with the dollar amount of “$60,000,000”.
Amendments to Section 6.1. Section 6.1 of the Loan Agreement is hereby amended by (i) deleting in its entirety paragraph (c) in such Section and inserting in lieu thereof “(c) [Intentionally Omitted].”, (ii) deleting in its entirety paragraph (d) in such Section and inserting in lieu thereof “(d) [Intentionally Omitted].” and (iii) deleting in its entirety paragraph (f) in such Section and inserting in lieu thereof the following new paragraph (f):
