Amendments to the Second Lien Credit Agreement. (a) Amendment to Section 1.1
Amendments to the Second Lien Credit Agreement. Subject to the satisfaction (or waiver by each First Amendment Term Lender) of the conditions in Sections 5 and 6 hereof and to the funding of the First Amendment Term Loans, the Second Lien Credit Agreement is hereby amended as follows: The following defined terms in Section 1.01 of the Second Lien Credit Agreement are hereby amended and restated in their entirety to read as follows:
Amendments to the Second Lien Credit Agreement. (a) The following defined terms in Section 1.01 of the Second Lien Credit Agreement are hereby amended and restated in their entirety to read as follows:
(b) The following defined terms shall be inserted in Section 1.01 of the Second Lien Credit Agreement in the appropriate alphabetical order:
(c) Section 2.01(a) of the Second Lien Credit Agreement is hereby amended to delete the text “(the “Initial Loans”)” therein.
(d) Section 5.07 of the Second Lien Credit Agreement is hereby amended by inserting the text “made on the Closing Date” after the text “the Initial Loans” therein.
Amendments to the Second Lien Credit Agreement. The Second Lien Credit Agreement is hereby amended as follows:
Amendments to the Second Lien Credit Agreement. Subject to the satisfaction (or waiver by the Lenders) of the conditions set forth in Section 2 hereof, the Second Lien Credit Agreement, including all Schedules thereto (but excluding the Exhibits thereto, which shall remain as in effect immediately prior to the First Amendment Effective Date), shall be amended as follows:
(a) The Second Lien Credit Agreement is hereby amended by inserting the language indicated in double underlined text (indicated textually in the same manner as the following example: underlined text) in Exhibit A hereto and by deleting the language indicated by strikethrough text (indicated textually in the same manner as the following example: stricken text) in Exhibit A hereto; and
(b) The Schedules to the Second Lien Credit Agreement are hereby amended and restated in their entirety as set forth in Exhibit B hereto. The Second Lien Credit Agreement and Schedules thereto, as so amended pursuant to the foregoing clauses (a) and (b), are referred to herein as the “Amended Second Lien Credit Agreement”.
Amendments to the Second Lien Credit Agreement. Agent shall have received satisfactory evidence that (i) the maturity of the indebtedness under the Second Lien Credit Agreement shall have been extended to July 22, 2005 or later, and (ii) the Second Lien Credit Agreement has been amended to provide that at the end of each corresponding Fiscal Quarter the maximum leverage ratio permitted in the Second Lien Credit Agreement is 0.50 greater than the maximum Leverage Ratio permitted in Annex G of this Agreement.
Amendments to the Second Lien Credit Agreement. The Second Lien Administrative Agent, the Second Lien Lenders and the Borrowers agree to amend, effective in accordance with Section 4 below, the Second Lien Credit Agreement as follows:
(a) The definition of "Applicable Rate" in Section 1.01 of the Second Lien Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to the Second Lien Credit Agreement. 2.1. References to Company shall be deemed to refer to Holdings for all purposes of the Second Lien Credit Agreement other than the following, in which case Company shall be deemed to refer to LLC: the Recitals, subsection (d) of the definition of “Change of Control”, the definition of “Management Agreement”, Section 2.3, and Section 5.3.
2.2. The following definitions are hereby added to Section 1.1 of the Second Lien Credit Agreement in alphabetical order:
Amendments to the Second Lien Credit Agreement. The Borrower may agree or consent to any amendment, supplement or modification to the Second Lien Loan Documents (as defined in the Second Lien Intercreditor Agreement) in accordance with their terms, in each case, without the consent of, or prior notice to the Program Agent or the First Lien Claimholders (as defined in the Second Lien Intercreditor Agreement); provided, however, that any such amendment, supplement or modification shall not, without the consent of the Program Agent and each Investor Agent:
(i) increase the aggregate principal amount of loans or other extensions of credit under the Second Lien Loan Documents (as defined in the Second Lien Intercreditor Agreement) or commitments therefor so that the aggregate principal amount of such loans or other extensions of credit and commitments is in excess of $225,000,000;
(ii) modify the method of computing interest or increase the interest rate (including by any increase in the “applicable margin” or similar component of the interest rate) or yield provisions applicable to the Second Lien Obligations (as defined in the Second Lien Intercreditor Agreement) or any commitment fee, facility fee, utilization fee, or similar fee so that the combined interest rate and fees are increased by more than 2% per annum in the aggregate (excluding increases resulting from (A) increases in the underlying reference rate not caused by any amendment, supplement or modification of the Second Lien Credit Agreement, or (B) accrual of interest at the rate applicable following an “Event of Default” under the Second Lien Credit Agreement as in effect on the date hereof);
(iii) change any representations, warranties, covenants, defaults, events of default or other provisions (including the addition of defaults or events of default not contained in the Second Lien Loan Documents (as defined in the Second Lien Intercreditor Agreement) as of the date hereof) in any manner that makes them more restrictive as to the Borrower, except to make conforming changes to match changes made to the First Lien Loan Documents (as defined in the Second Lien Intercreditor Agreement), on substantially similar economic terms;
(iv) change to earlier dates any dates upon which payments of principal or interest are due thereon or otherwise alter any provisions that decrease the weighted average life to maturity;
(v) change the prepayment, redemption, or defeasance provisions thereof if the effect of such change is to require any new payment or acce...
Amendments to the Second Lien Credit Agreement. The Second Lien Credit Agreement has been amended to permit the increase in Commitments hereunder and make the financial covenants therein consistent with this Agreement and permit the release of Liens, guaranties and stock of the Foreign Collateral Parties in accordance with Section 12.11 hereof.
