Amendments to the Revolving Credit Agreement. Effective as of the date first above written and subject to the execution of this Third Amendment by the parties hereto, the Revolving Credit Agreement shall be and hereby is amended as follows:
1.1 Schedule I to the Revolving Credit Agreement shall be replaced by the new Schedule I to the Revolving Credit Agreement attached to this Third Amendment.
1.2 The second sentence of Section 2 shall be amended in its entirety to read as follows: "Notwithstanding the foregoing, the aggregate outstanding principal balance of the loans shall be prepaid by the Company concurrently with:
(a) the Company's or Aerial's receipt of any proceeds of debt or equity securities issued by any such entity to, or loans or advances made to or for the benefit of any such entity by, any person or entity other than TDS or any affiliate of TDS, which prepayments shall be made by the Company in amounts equal to the gross proceeds of such securities, loans or advances net of all reasonable expenses and fees paid by the Company or Aerial in connection with the closing of such transaction, or
(b) any of the following events:
(i) any merger, sale or spin-off as a result of which the Company is no longer part of the TDS consolidated group for financial accounting purposes,
(ii) any sale, transfer or other disposition of all or substantially all of the assets of the Company, or
(iii) any other event as a result of which TDS shall cease to own, directly or indirectly, issued and outstanding securities of the Company or Aerial (A) having voting power to elect a majority of the directors of either such company, or (B) having majority voting power in all matters other than the election of directors."
1.3 Section 6(e) is amended in its entirety to read as follows: Except for proceedings threatened by Sonera, Ltd. and disclosed to TDS prior to July 22, 1999, there are no proceedings or investigations pending or threatened before any court or arbitrator or before or by any governmental authority in which there is a reasonable possibility of an adverse decision which would materially adversely affect the business or financial conditions of the Company and its Subsidiaries taken as a whole or materially impair the ability of the Company to perform its obligations under this Revolving Credit Agreement or the Notes.
1.4 The paragraph immediately following Section 9(h) shall be amended to delete the reference to "with presentment" in the second sentence thereof and to substitute therefor the words "witho...
Amendments to the Revolving Credit Agreement. (a) Section 1.1 of the Revolving Credit Agreement is amended to delete the definitions of “Additional Real Property Collateral,” “Applicable Margin,” “FLS,” “Fourth Amendment Loan Outstandings,” “Issuing Banks,” “L/C Commitment,” “Model Unit Collateral,” “New Collateral Pool,” and “Post Fourth Amendment Advance,” and “Project Finance Liens” and replace such definitions with the following:
Amendments to the Revolving Credit Agreement. (a) Section 6.16(d) of the Revolving Credit Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
Amendments to the Revolving Credit Agreement. The Bank and the Borrower hereby agree to amend the Revolving Credit Agreement as follows:
(a) The following sections of the Revolving Credit Agreement are hereby amended by deleting each reference contained therein to "Fourteen Million United States Dollars (U.S. $14,000,000)" and inserting in lieu thereof a reference to "Twenty-Eight Million United States Dollars (U.S. $28,000,000)":
(i) The recital contained in Page 1;
(ii) The definition of "Commitment" contained in Page 2; and
(iii) The definition of "Revolving Credit Facility" contained in Page 4.
(b) The following sections of the Revolving Credit Agreement are hereby amended by deleting each reference contained therein to "$14,000,000" and inserting in lieu thereof a reference to $28,000,000":
(i) The definition of "Available Amount" contained in Page 2; and
(ii) Schedule C.
(c) Section 11 of the Revolving Credit Agreement is hereby amended as follows:
(i) Subsection (viii) contained in Page 18 is amended by inserting "; or" to the end thereof; and
(ii) New Subsections "
Amendments to the Revolving Credit Agreement. (a) The definition of “Applicable Margin” contained in Section 1.1 of the Revolving Credit Agreement is amended to add the following to the end thereof: Provided that:
Amendments to the Revolving Credit Agreement. The Revolving Credit Agreement is, effective as of the Amendment Effective Date (defined below), amended as follows:
(a) The definition of "Collateral Trust Agreement" contained in Section 1.01 is hereby amended and restated in full to read as follows:
Amendments to the Revolving Credit Agreement. (a) Section 1.1 of the Revolving Credit Agreement is hereby amended to add the following new definitions thereto in the correct alphabetical order:
Amendments to the Revolving Credit Agreement. The Revolving Credit Agreement shall be amended as follows:
2.1. References in the Revolving Credit Agreement (including references to the Revolving Credit Agreement as amended hereby) to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof” ) shall be deemed to be references to the Revolving Credit Agreement as amended and restated hereby.
2.2. The recital of the Revolving Credit Agreement shall be amended and restated in its entirety to read as follows: “The Borrower has requested that the Lenders make senior loans to it in an aggregate principal amount not exceeding $47,500,000 (subject to an increase to $50,000,000 as provided herein) at any one time outstanding. The Lenders are prepared to make such loans upon the terms and conditions hereof, and, accordingly, the parties hereto agree as follows:”
2.3. Section 4.3(g) of the Revolving Credit Agreement shall be amended by substituting “$50,00,000” for “$45,000,000”.
2.4. Schedule I to the Revolving Credit Agreement shall be amended and restated in its entirety by substituting therefor Schedule I to this Amended and Restated Credit Agreement.
Amendments to the Revolving Credit Agreement. (a) The definitions of ‘Investor Revolving Credit Agreement’ and 'Investor Guarantee Agreement' are hereby added in Section 1.01 as follows: ‘Investor Revolving Credit Agreement’ has the meaning assigned to such term in the Security Agreement, as amended.
Amendments to the Revolving Credit Agreement. (a) Schedule 1.1(d) of the Revolving Credit Agreement is hereby amended and restated in its entirety as set forth on Schedule 1.1(d) hereto.
