Amendments to the DIP Credit Agreement. A. Amendment to Section 6.17:
Amendments to the DIP Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 3 of this Amendment, the DIP Credit Agreement is hereby amended as follows:
(a) Amendment to Section 1.
Amendments to the DIP Credit Agreement. Section 6.17 of the DIP Credit Agreement is hereby amended and restated in its entirety as follows: “
Amendments to the DIP Credit Agreement. Clauses (e) and (f) of Schedule 5.1 to the DIP Credit Agreement are hereby amended to extend the date by which the annual audited financial statements and the related Compliance Certificate for the fiscal year of the Company ended March 31, 2014 are required to be delivered to be August 15, 2014.
Amendments to the DIP Credit Agreement. (a) Subject to the satisfaction of the conditions precedent set forth in Section 9(a) below, from and after the Initial Amendment Effective Date (as defined below), the DIP Credit Agreement is hereby amended as follows:
(i) Section 7.1 of the DIP Credit Agreement is hereby amended and restated in its entirety as follows: “The Company shall not permit the aggregate amount of Liquidity to be less than $35,000,000 for any five (5) consecutive Business Days.”
(ii) Section 7.2 of the DIP Credit Agreement is hereby deleted in its entirety and marked as “[Reserved]”.
(iii) Section 7.5 of the DIP Credit Agreement is hereby amended by replacing in its entirety the table set forth therein with the following: July 31, 2014 $ 87,650,000 August 31, 2014 $ 84,550,000 September 30, 2014 $ 82,000,000 October 31, 2014 $ 80,750,000 November 30, 2014 $ 81,400,000
(iv) Exhibit W-2 to the DIP Credit Agreement is hereby amended by (x) replacing the reference to “September 22, 2014” in clause (d) with a reference to “December 1, 2014”, and (y) replacing the reference to “the first Business Day that occurs sixteen (16) months after the Closing Date” in clause (e) with a reference to “December 31, 2014”.
(v) The definition of EBITDA in Schedule 1.1 to the DIP Credit Agreement is hereby amended by (x) deleting the reference to “and” immediately prior to clause (b)(vii) thereof and replacing such reference with “,” and (y) inserting the following new clause immediately after the end of clause (b)(vii) thereof: “and (viii) charges and costs incurred (x) for hourly wages and benefits relating to the Company’s facility located in Vernon, California in an aggregate amount not to exceed $2,000,000 for the six-month period ending December 31, 2014 and (y) as a result of any resolution, compromise or settlement relating to the Company’s facility located in Vernon, California,”.
(b) Subject to the satisfaction of the conditions precedent set forth in Section 9(b) below, from and after the Additional Term Advance Option Effective Date (as defined below), the DIP Credit Agreement is hereby amended as follows:
(i) Section 2.21 of the DIP Credit Agreement is hereby amended and restated in its entirety as follows:
Amendments to the DIP Credit Agreement. Section 1.1 of the DIP Credit Agreement is hereby amended by adding the following definitions, in appropriate alphabetical order: “Apple Settlement Amendment” shall have the meaning assigned to such term in the First Amendment.
Amendments to the DIP Credit Agreement. (a) The definition of “Permitted Liens” in Schedule 1.1 to the DIP Credit Agreement is hereby amended by:
(i) inserting the following as a new paragraph (cc): “(cc) Liens in favor of purchasers pursuant to any purchase or acquisition agreement in connection with the sale, transfer or disposition of any assets (other than Borrowing Base Collateral) permitted under clause (s) or (t) of the definition of Permitted Dispositions; provided that such Liens are in the nature of (to the extent constituting a Lien) contractual encumbrances, conditions to sale, preferences and/or restrictions on or affecting only the assets (other than Borrowing Base Collateral) that are to be disposed of pursuant to such a Permitted Disposition.”
(ii) removing the reference to “and” at the end of the paragraph (aa); and
(iii) replacing the period with a semi-colon at the end of the paragraph (bb) and inserting “and” after the semi-colon.
(b) Schedule 1.1 to the DIP Credit Agreement is hereby amended by:
(i) amending and restating the definition of “Total Adjusted Operating Cash Flow” in its entirety to read as follows:
Amendments to the DIP Credit Agreement. 1.1 Consent to the Letter of Credit Facility and Incurrence of Obligations
Amendments to the DIP Credit Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 8 below, from and after the Amendment Effective Date (as defined below), the DIP Credit Agreement is hereby amended as follows:
(a) Section 6.7(a)(ii) is hereby amended and restated in its entirety to read as follows:
Amendments to the DIP Credit Agreement. Exhibit W-2 to the DIP Credit Agreement is hereby amended by deleting clause (b) in its entirety and marking it as “[Reserved]”.
