Amendments to Section 7 Borrowers Negative Covenants. A. Subsection 7.3 of the Credit Agreement is hereby amended by deleting clause (xi)(d) thereof in its entirety and inserting in lieu thereof the following text:
Amendments to Section 7 Borrowers Negative Covenants. Subsection 7.3 of the Credit Agreement is hereby amended by: (i) deleting the word “and” at the end of clause (vi) thereof, (ii) deleting the period at the end of clause (vii) thereof and substituting “; and” therefor, and (iii) adding a new clause (viii) to the end thereof as follows:
Amendments to Section 7 Borrowers Negative Covenants. A. Subsection 7.3 of the Credit Agreement is hereby amended by deleting the "and" at the end of clause (x) thereof and inserting immediately after clause (xi) thereof the following clause (xii): "and (xii) Borrower and its Subsidiaries may consummate the [Target] Acquisition only upon satisfaction of the following conditions: (1) on the date of consummation of such acquisition (such date being the "[Target] Acquisition Effective Date"), EBITDA attributable to the New Business or Person so acquired shall have a positive EBITDA for the four Fiscal Quarter period most recently ended (calculated, as applicable, in accordance with the definition of "Consolidated EBITDA" herein and clause (iv) of the definition of "Pro Forma Basis"); (2) the [Target] Acquisition shall occur no later than May 31, 2004; (3) the aggregate consideration paid (including, without limitation, the present value of payments required to be made after the [Target] Acquisition Effective Date, as determined reasonably and in good faith by Borrower) by Borrower and its Subsidiaries in connection with the [Target] Acquisition shall not exceed $30,000,000; (4) Borrower shall have complied with the requirements of subsections 6.8 and 6.9, to the extent applicable, on or promptly following the [Target] Acquisition Effective Date; (5) no more than 40% of the consideration paid by Borrower and its Subsidiaries in connection with the [Target] Acquisition shall be paid with the proceeds of the Revolving Loans; (6) Borrower shall have delivered a disclosure statement updating each of the Schedules to this Agreement and the other Loan Documents to reflect any material factual revisions or modifications to the information set forth therein resulting from such acquisition; provided that any such update which alters the substantive effect of any representation or warranty, covenant or any other term or condition of this Agreement or any other Loan Document or which discloses an event or circumstance that, in any case, would otherwise require the consent of Administrative Agent, Requisite Lenders or Lenders to such modification, event or circumstance, shall not constitute a modification of this Agreement or any other Loan Document or a permitted disclosure hereunder or thereunder, and shall not excuse any Event of Default or Potential Event of Default which may otherwise arise in connection therewith, without written consent required hereunder of Administrative Agent, Requisite Lenders or Lenders, as the c...
Amendments to Section 7 Borrowers Negative Covenants. (a) Subsection 7.1(x)(B) of the Credit Agreement is hereby amended by adding the phrase "and Barclays Bank plc" immediately after the phrase "provided by National Westminster Bank plc" therein.
Amendments to Section 7 Borrowers Negative Covenants. Subsection 7.6 of the DIP Credit Agreement is hereby amended as follows: clause (iii) thereof (commencing with the word “or” immediately preceding the “(iii)”) is hereby deleted in its entirety and the word “or” is hereby inserted immediately before “(ii)” therein.
Amendments to Section 7 Borrowers Negative Covenants
