Amendments to the Term Loan Agreement. Effective as of the Effective Date, the Term Loan Agreement shall be amended as follows:
(a) Section 7(c) of the Term Loan Agreement shall be amended by deleting such subsection in its entirety and replacing it with the following in lieu thereof:
Amendments to the Term Loan Agreement. (a) Section 1.01 is hereby amended to add the following definitions in the appropriate alphabetical order:
Amendments to the Term Loan Agreement. 1.1 Amendments to Section 1:
Amendments to the Term Loan Agreement. Effective as of the Amendment Effective Date, the definition of the term “Total Capitalization” in Section 1.01 of the Term Loan Agreement is hereby amended by inserting the following sentence at the end of such definition: “For purposes of this Agreement, Total Capitalization shall be calculated excluding the cumulative amount of any non-cash write-downs, impairments and related charges occurring after September 30, 2019, including, without limitation, those which may be required under Rule 4-10 (Financial Accounting and Reporting for Oil and Gas Producing Activities Pursuant to the Federal Securities Laws and the Energy Policy and Conservation Act of 1975) of Regulation S-X promulgated by the Securities and Exchange Commission or by United States generally accepted accounting principles.”
Amendments to the Term Loan Agreement. 1.1 Section 1 of the Term Loan Agreement is hereby amended by amending and restating the following defined terms in their entirety as follows:
Amendments to the Term Loan Agreement. Effective as set forth in Section 3 below, the Term Loan Agreement is hereby amended as set forth in the marked terms on Exhibit A-1 attached hereto, including the amended Schedules and Exhibits thereto (the “Amended Term Loan Agreement”). In Exhibit A-1 hereto, deletions of text in the Amended Term Loan Agreement are indicated by struck-through text, and insertions of text are indicated by bold, double-underlined text. Exhibit A-2 attached hereto sets forth a clean copy of the Amended Term Loan Agreement, after giving effect to such amendments. As so amended, the Term Loan Agreement shall continue in full force and effect.
Amendments to the Term Loan Agreement. 1.1 Section 1.59 of the Term Loan Agreement is hereby amended and restated in its entirety to read as follows: “‘Guarantor’ means each of the U.S. Affiliates, each Subsidiary Guarantor, and each other entity that becomes party to the Subsidiary Guaranty or the Affiliate Guaranty and Security Agreement after the date hereof.”
1.2 Section 1.141 of the Term Loan Agreement is hereby amended and restated in its entirety to read as follows: “‘U.S. Affiliates’ means each of Parent, ITG Holdings, Inc., Burlington Industries LLC, Carlisle Finishing LLC, Cone Denim LLC, Cone Jacquards LLC, Automotive Safety Components International, Inc., Safety Components Fabric Technologies, Inc., International Textile Group Acquisition Group LLC, WLR Cone Xxxxx IP, Inc., Cone Acquisition LLC, Cone International Holdings, Inc., Burlington International Services Company, Apparel Fabrics Properties, Inc., BI Properties I, Inc., Burlington Apparel Services Company, BILLC Acquisition LLC, Burlington Worldwide, Inc., ASCI Holdings Mexico (DE), Inc., ASCI Holdings Czech (DE), Inc., ASCI Holdings Germany (DE), Inc., ASCI Holdings UK (DE), Inc., ASCI Holdings Asia Pacific (DE), LLC, Cone Administrative and Sales LLC, Cone Denim White Oak LLC, Cliffside Denim LLC, Burlington Industries IV LLC, Burlington Industries V LLC, Cone International Holdings II, Inc., BWW CT, Inc., Valentec Xxxxx, LLC and each other entity organized under the laws of the United States that becomes party to the Affiliate Guaranty and Security Agreement after the date hereof.”
1.3 Section 10.10(a) of the Term Loan Agreement is hereby amended and restated in its entirety to read as follows:
(a) any Guarantor from its guaranty of any Obligation if all of the Equity Interests of such Guarantor owned by any Credit Party are sold or transferred in a transaction permitted under the Loan Documents (including pursuant to a waiver or consent), to the extent that, after giving effect to such transaction, such Guarantor would not be required to guaranty any Obligations pursuant to Section 6.12 or any other Loan Document; and”
Amendments to the Term Loan Agreement. The following amendments shall be made to the Term Loan Agreement:
(a) Clause (b) of the second sentence of Section 2.1 shall be amended and restated in its entirety as follows:
(b) mature on October 1, 2008,11
Amendments to the Term Loan Agreement. Effective upon the Amendment Effective Date, the Term Loan Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double−underlined text (indicated textually in the same manner as the following example: double−underlined text) as set forth in the conformed copy of the Term Loan Agreement attached hereto as Exhibit A.
Amendments to the Term Loan Agreement. 1.1 Amendments to Section 1: Definitions and Principals of Construction
A. Section 1.1 of the Term Loan Agreement is hereby amended effective as of September 30, 1999, by deleting the definition of "Applicable Margin" in its entirety and substituting the following therefor:
