Changed Definitions. The definitions of the following terms heretofore defined in the Original Agreement are hereby amended to read in their entirety as follows:
Changed Definitions. The definitions of "Capital Stock", "GAAP" and "Subsidiary" set forth in Article 1 of the Indenture shall be amended and restated in their entirety to read as follows:
Changed Definitions. The following defined terms in Section 1.1 of the Loan Agreement are deleted and replaced with the following:
Changed Definitions. Section 5.1 of the Credit Agreement shall be amended by striking the definitions of the terms "Cash Flow Leverage Ratio", "Fixed Charge Leverage Ratio" and "Interest Coverage Ratio" appearing therein and substituting therefor the following new definitions of such terms:
Changed Definitions. Section 1.1 of the Credit Agreement is hereby amended by amending and restating in their entirety the definitions of “Affiliate”, “Change of Control”, and “Tax Distributions” as follows:
Changed Definitions. Section 7.1 of the Credit Agreement shall be amended by striking the definition of the terms "Consolidated Net Income" and "EBIT" appearing therein and substituting therefor the following new definitions of such terms:
Changed Definitions. The definitions of the following terms heretofore defined in the Agreement are hereby amended to read in their entirety as follows: [****] — CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Changed Definitions. In addition thereto, henceforth, the following terms, defined in Section 1.2 of the Credit Agreement, shall be amended and modified to read as follows:
Changed Definitions. Effective as of the date of the IPO, Section 2 of the Existing Repurchase Agreement is hereby amended by deleting the definitions of “Affiliate”, “Change in Control” and “Material Adverse Effect” in their entirety and replacing them with the following:
Changed Definitions. The definitions of the following terms heretofore defined in the Agreement are hereby amended to read in their entirety as follows: [****] — CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. ”Borrowing Base” shall mean the greatest amount that may be borrowed or retained by the Borrowers in respect of the Commitment, which at any date of calculation, shall be determined by applying the then applicable Availability Reserve, if any, to the sum of the following determined on a consolidated basis for all of the Borrowers:
(a) the sum of (1) ninety percent (90%) of the original invoice price (including freight charges, but excluding, to the extent that the same are included in the Borrowing Base as Accounts, any earned volume purchase rebates, earned advertising rebates, verifiable price protection, and earned incentives, credits, or similar items) of Eligible New Inventory that is aged not more than three hundred sixty-five (365) days from date of delivery to the Borrowers, (2) eighty percent (80%) of the original invoice price (including freight charges, but excluding, to the extent that the same are included in the Borrowing Base as Accounts, any earned volume purchase rebates, earned advertising rebates, verifiable price protection, and earned incentives, credits, or similar items) of Eligible New Inventory that is aged more than three hundred sixty-five (365) days, but not more than seven hundred thirty (730) days, from date of delivery to the Borrowers, and (3) sixty-five percent (65%) of the original invoice price (including freight charges, but excluding, to the extent that the same are included in the Borrowing Base as Accounts, any earned volume purchase rebates, earned advertising rebates, verifiable price protection, and earned incentives, credits, or similar items) of Eligible New Inventory that is aged more than seven hundred thirty (730) days, but not more than one thousand ninety-five (1,095) days, from date of delivery to the Borrowers; provided, however, that (A) the amount includable in the Borrowing Base on account of Loose Outboard Motors in the Eligible New Inventory shall never exceed one million, five hundred thousand dollars ($1,500,000), it being agreed that all Loose Outboard Motors over such amount shall be included in the Borrowing Base only as Eligible Parts Inventory; (B) nothing shall be includable in the Borr...
