Amendments to the Participation Agreement. (a) Section 7.6 of the Participation Agreement is hereby amended by deleting it in its entirety and inserting in lieu thereof
Amendments to the Participation Agreement. Subject to the satisfaction of the conditions set forth in Section 5 below, the Participation Agreement is hereby amended as follows:
(a) Section 9.5(g) of the Participation Agreement, "Minimum Consolidated Fixed Charge Ratio," is hereby amended by deleting the same in its entirety and replacing it with the following:
Amendments to the Participation Agreement. 1. Appendix A to the Participation Agreement is hereby amended to add or modify the following defined term as follows:
Amendments to the Participation Agreement. Effective on the Effective ----------------------------------------- Date, the Participation Agreement shall be amended as follows:
Section 1.1 of the Participation Agreement is hereby amended and replaced in its entirety by a new Section 1.1 as follows:
Amendments to the Participation Agreement. Solely with respect to the Subject Property and not with respect to Property No. 1 and the Improvements constructed thereon, the Master Lease is hereby amended as follows:
Amendments to the Participation Agreement. A. Appendix A to the Participation Agreement is hereby amended by replacing the definitions of "Certificateholder Commitment", "Consolidated Capital Expenditures", "Construction Period Termination Date", "Rent Commencement Date", "Total Certificateholder Commitment", "Total Lender Commitment", "Total Tranche A Commitment" and "Total Tranche B Commitment" with the following:
Amendments to the Participation Agreement. Subject to the satisfaction of the condition set forth in Section 3 and the proviso to this sentence, the Participation Agreement, the Exhibits thereto, the Schedules thereto and Appendix A thereto are hereby amended in their entirety and replaced by Exhibit A hereto.
Amendments to the Participation Agreement a. Section 1 of the Participation Agreement hereby is amended by amending and restating the following defined term in its entirety: "Maximum Participant Commitment" - $45,000,000.
Amendments to the Participation Agreement. The Participation Agreement is hereby amended as follows:
(a) Section 3.4(b)(i) of the Participation Agreement is hereby amended by adding the following at the end of said section: "The Lessee shall pay to the Agent a fee of $1,000 for each Fixed Rate Request."
(b) Section 3.4(b)(v) of the Participation Agreement is hereby amended by deleting the words "Not later than 11:30 a.m. (New York time) on" and substituting therefor the following: "Promptly upon receipt of the Agent's notice referred to in Section 3.5(b)(iv) above, on the third Business Day prior to".
(c) Section 3.8(e) of the Participation Agreement is hereby amended by deleting the word "Schedule" in the third line thereof and substituting therefor the word "Scheduled".
(d) Section 10.1(f) of the Participation Agreement is hereby amended by adding the following at the end of said section: ", provided that the Consolidated Quick Ratio shall be reduced to .95 to 1.0 solely for the fiscal quarter in which the Momentum Distribution is made."
(e) Section 10.1(g) of the Participation Agreement is hereby amended by deleting the words "at September 30, 1996" in the third line thereof and substituting in their place the following "at the end of the fiscal quarter ending June 30, 1998 (as adjusted for the fiscal quarter in which the Momentum Transaction is consummated)".
(f) Section 10.1(j) of the Participation Agreement is hereby amended by deleting "or" in the second line thereof and substituting in its place the word "and".
(g) Section 10.1(l) of the Participation Agreement is hereby amended by deleting the figure "$20,000,000" in the second line of clause (v) thereof and substituting in its place the figure "$50,000,000".
(h) Section 10.1(m) of the Participation Agreement is hereby amended (i) by adding the following after the word "California" in the second line of clause (iv): ", Lot 00 xxx xxx Xxxxxx Xxxxxx", (xx) xx deleting the word "and" at the end of clause (v) and (iii) by adding the following at the end of clause (vi): "and (vii) the Lessee may make the Momentum Distribution."
(i) Section 10.1(o) of the Participation Agreement is hereby amended (i) by deleting the second "and" in the third line thereof and substituting a comma therefor and (ii) by adding the following at the end of said section: "and (iii) the Lessee may make the Restricted Payments contemplated by the Momentum Transaction."
(j) Section 10.1(p) of the Participation Agreement is hereby amended by adding at the end of said secti...
Amendments to the Participation Agreement. (a) Amendments to Section 6.1(e).
Section 6.1 (e) of the Participation Agreement is hereby amended to include the following provisions after Section 6.1(e)(v):
(vi) as soon as available and in any event, within thirty (30) days after the last day of each calendar month, or within forty five (45) days after the last day of each calendar month to the extent such calendar month constitutes a quarter end, (x) a copy of Lessee's balance sheet and related statements of income, retained income and cash flows, of Lessee for such month, setting forth in each case in comparative form the figures for the previous month, all in reasonable detail, and certified by the chief financial officer, treasurer or corporate controller of Lessee as being complete and correct, prepared in accordance with generally accepted accounting principles and fairly presenting Lessee's financial condition and results of operations; (y) to the extent available, a copy of the Guarantor's consolidated balance sheet, and related consolidated statements of income, retained income and cash flows, of Guarantor and its consolidated subsidiaries for such month, setting forth in each case in comparative form the figures for the previous month, all in reasonable detail, and certified by the chief financial officer, treasurer or corporate controller of Guarantor as being complete and correct, prepared in accordance with generally accepted accounting principles and fairly presenting Guarantor's financial condition and results of operations; and
