Amendments to Subsection 7. (a) Subsection 7.1(c) of the Credit Agreement is hereby amended by deleting such subsection in its entirety and inserting in lieu thereof the following new subsection 7.1(c):
Amendments to Subsection 7. 6. Subsection 7.6 of the Credit Agreement ---------------------------- is hereby amended as follows:
(i) by deleting the portion of the table appearing at the end of subsection 7.6A of the Credit Agreement relating to the periods set forth below and substituting in lieu thereof the following: ----------------------------------------------------------------------------------------------- MINIMUM CONSOLIDATED CASH INTEREST TEST PERIOD COVERAGE RATIO ----------------------------------------------------------------------------------------------- 10/01/99 - 12/31/99 1.75:1.00 ----------------------------------------------------------------------------------------------- 1/01/00 - 3/31/00 1.40:1.00 ----------------------------------------------------------------------------------------------- 4/01/00 - 6/30/00 1.25:1.00 ----------------------------------------------------------------------------------------------- 7/01/00 - 9/30/00 1.25:1.00 ----------------------------------------------------------------------------------------------- 10/01/00 - 12/31/00 1.40:1.00 -----------------------------------------------------------------------------------------------
(ii) by deleting the portion of the table appearing at the end of subsection 7.6B of the Credit Agreement relating to the periods set forth below and substituting in lieu thereof the following: ----------------------------------------------------------------------------------------------- MAXIMUM TEST PERIOD LEVERAGE RATIO ----------------------------------------------------------------------------------------------- 10/01/99 - 12/31/99 6.75:1.00 ----------------------------------------------------------------------------------------------- 1/01/00 - 3/31/00 8.25:1.00 ----------------------------------------------------------------------------------------------- 4/01/00 - 6/30/00 8.75:1.00 ----------------------------------------------------------------------------------------------- 7/01/00 - 9/30/00 8.75:1.00 ----------------------------------------------------------------------------------------------- 10/01/00 - 12/31/00 6.50:1.00 -----------------------------------------------------------------------------------------------
(iii) by deleting the portion of the table appearing at the end of subsection 7.6C of the Credit Agreement relating to the periods set forth below and substituting in lieu thereof the following: ----------------------------------------------------------------------------------------...
Amendments to Subsection 7. 2D: No Restrictions on Subsidiary Distributions to Borrower or Other Subsidiaries
Amendments to Subsection 7. 6: FINANCIAL COVENANTS -------------------------------------------------
Amendments to Subsection 7. 5: RESTRICTED JUNIOR PAYMENTS. ---------------------------------------------------------
Amendments to Subsection 7. 7 Subsection 7.7(iv) of the Credit Agreement is hereby amended by deleting it in its entirety and substituting the following therefor: "Borrower and its Subsidiaries may make Asset Sales having a net book value not in excess of $1,500,000 in the aggregate during any Fiscal Year; provided that all of the total consideration received shall be Cash or Cash Equivalents; provided further that the proceeds of all such Asset Sales shall be applied as required by subsection 2.4A(iii)(a) or as permitted under subsection 6.15; provided further, that, for all purposes of this Credit Agreement, any sale of real property by Borrower or any of its Subsidiaries shall be deemed to be an Asset Sale and no particular Asset Sale involving assets with a book value of more than $250,000 shall be permitted without the consent of Managing Agent; and"
Amendments to Subsection 7. 1 (FINANCIAL CONDITION COVENANTS). Subsection 7.1 is hereby amended as follows (PROVIDED that, for purposes of application of each of the financial covenants set forth in Subsection 7.1 of the Credit Agreement with respect to the fiscal quarter ended March 31, 1999, such Subsection 7.1 shall be applied in accordance with the terms and provisions thereof as in effect on April 7, 1999 (except that the amendment contained in Section 2(a) of the Third Amendment referred to in the preamble to this Amendment shall be deemed to be in effect on March 31, 1999):
(a) by deleting Subsection 7.1(a) in its entirety and substituting in lieu thereof the following:
Amendments to Subsection 7. 2
(a) Subsection 7.2(b) is hereby amended by deleting "and" at the end of paragraph (i), inserting "and" at the end of paragraph (ii), and inserting the new paragraph (iii) at the end of paragraph(ii):
Amendments to Subsection 7. A(10). Lease subsection 7.A(10) (Capital Improvements Funds) shall remain in full force and effect, except as follows:
Amendments to Subsection 7. (i) Section 7.6 of the Credit Agreement is hereby amended by adding the following clause (f) at the end thereof:
(f) dividends to the Company in an aggregate amount during the term of this Agreement, which when combined with the aggregate amount of investments made in reliance on Section 7.8(j), shall not exceed the sum of $10,000,000 and the then unused Permitted Expenditure Amount on the date such dividend is made. The proceeds of such dividends shall then be paid as a dividend by the Company to New Intermediate Holdco for investment in Designco.
(ii) Section 7.6 of the Credit Agreement (as amended by the immediately preceding provision) is further amended by adding at the end thereof (as a new paragraph which modifies the entire proviso thereto) the following: Notwithstanding anything to the contrary in this Section 7.6, no Restricted Payment shall be made in reliance upon clause (b), (d), (e) or (f) above at any time when Holdings and its Subsidiaries (other than the Company and its Subsidiaries) shall have cash or Cash Equivalents in an aggregate amount in excess of $500,000.
