Amendments to Section 6.7. A. Section 6.7(b) of the Credit Agreement is amended by deleting the last six lines of the table set forth therein and inserting the following in lieu thereof: “December 31, 2009, and thereafter 5.00:1.00”
Amendments to Section 6.7. Section 6.7 of the Reimbursement Agreement is hereby amended by (i) deleting the “and” at the end of Subsection 6.7(e) and (ii) inserting the following immediately preceding the period at the end thereof "(g) (x) intercompany Investments between Guarantor and the Applicant, (y) intercompany Investments between Group Members (other than Guarantor and the Applicant) and (z) intercompany Investments between any Group Member (other than Guarantor and the Applicant) and Guarantor and the Applicant to the extent necessary (i) in the ordinary course of business or (ii) as may be reasonably necessary to effectuate the Merger; and (h) any Investments made by Nicor or its Subsidiaries existing at the time the Nicor Merger is consummated; provided, that such Investment was not made in contemplation of the Nicor Merger”.
Amendments to Section 6.7. Section 6.7 of the Credit Agreement is hereby amended by deleting the word “and” at the end of clause (k) therein and adding immediately after clause (k) therein new clauses (l), (m) and (n) as follows:
Amendments to Section 6.7. Section 6.7 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Amendments to Section 6.7. A. Clause (a) of Section 6.7 of the Credit Agreement is hereby amended by amending and restating the chart set forth therein to read as follows: Fiscal Quarter Total Indebtedness to Total Assets Ratio March 31, 2015 70% June 30, 2015 70% September 30, 2015 70% December 31, 2015 70% March 31, 2016 and each Fiscal Quarter ending thereafter prior to the Revolving Commitment Termination Date 65%
Amendments to Section 6.7. (a) The first sentence of Section 6.7 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows: “Prior to or at the Closing, the Company and RCC shall ensure that neither the Company nor any of its Subsidiaries has any outstanding Indebtedness for borrowed money, except for any Indebtedness outstanding under the IRB and Cap Leases.”
Amendments to Section 6.7. Section 6.7 of the Credit Agreement is hereby amended by (i) deleting said Section in its entirety and (ii) inserting in lieu thereof the following new Section 6.7: “Make or commit to make any Capital Expenditure, except Capital Expenditures of the Borrower and its Subsidiaries, in the aggregate, in the ordinary course of business not exceeding $35,000,000 in each fiscal year; provided, that (a) any such amount referred to above, if not so expended in the fiscal year for which it is permitted, may be carried over for expenditure in the next succeeding fiscal year and (b) Capital Expenditures made pursuant to this Section during any fiscal year shall be deemed made, first, in respect of amounts carried over from the prior fiscal year pursuant to clause (a) above and, second, in respect of the amount permitted for such fiscal year as provided above.”
Amendments to Section 6.7. Section 6.7 of the Credit Agreement is hereby amended by (i) deleting the word “and” immediately following the “;” and the end of clause (h); (ii) adding a new clause (i) to such Section, such clause (i) shall read as follows: “Investments made after the Closing Date in Joint Ventures in a business or line of business permitted with respect to the Company under Section 6.13, provided, (i) immediately prior to the making of any Investment, and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing, (ii) all transactions in connection therewith shall be consummated, in all material respects, in accordance with all applicable laws and in conformity with all applicable Governmental Authorizations, and (iii) such Investments can be legally maintained, and are maintained, as Collateral (but only to the extent of Company’s and each other Credit Party’s interest in such Joint Venture) subject to first priority security interests on such terms and conditions as are reasonably satisfactory to Administrative Agent and Collateral Agent; provided that the aggregate amount of all Investments in Joint Ventures pursuant to this clause (i) (including any additional Investments pursuant to Section 6.5(c), does not exceed $17,500,000 at any time outstanding; and” and (iii) re-lettering clause (i) thereof to clause (j).
