Covenant Amendments. The following amendments are made to the referenced covenants contained in the Credit Agreement:
Covenant Amendments. Each of Section 5.09(a), Section 5.13 and Section 5.14 of the Credit Agreement is amended by replacing the words "non-cash income and expenses of the Borrower related to SFAS 133" in each such section with "non-cash income, expenses or adjustments of the Borrower required to be made pursuant to SFAS 133 and SFAS 52".
Covenant Amendments. (a) Section 6.04 of the Credit Agreement is amended to read in its entirety as follows:
Covenant Amendments. (a) Section 6.04 is amended to read in its entirety as follows:
Covenant Amendments. 2.5.1 AMENDMENT OF SECTION 7.8. Section 7.8 of the Financing Agreement is amended by adding, at the end thereof, the following:
Covenant Amendments. (a) Section 7.1(q) (Hydra Transaction Updates). A new Section 7.1(q) (Hydra Transaction Updates) is hereby added to the Existing Note Purchase Agreement to read in its entirety as follows:
Covenant Amendments. The Company's financial covenants set forth in the Senior Loan Documents and the Note Purchase Agreement shall have been amended effective upon the Tranche II Closing in a manner reasonably acceptable to Purchaser;
Covenant Amendments. Effective on the Covenant Amendments Effective Date, the Existing Credit Agreement shall be amended as follows:
Covenant Amendments. The amendments set forth in Section 7 shall become effective upon the satisfaction of all of the following conditions precedent (the date of satisfaction of such conditions being referred to herein as the “Covenant Amendments Effective Date”):
(a) The Administrative Agent shall have received counterparts of this Amendment duly executed and delivered on behalf of the Borrower, the Parent, the Administrative Agent, and Majority Lenders;
(b) The Administrative Agent shall have received a certificate of a financial officer of the Borrower dated the Covenant Amendments Effective Date (i) certifying that (A) the representations and warranties set forth in Section 8 of this Amendment shall be true and correct in all respects (or in all material respects if any such representation or warranty is not by its terms already qualified as to materiality) as of the Covenant Amendments Effective Date as if made on and as of such date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all respects (or in all material respects if any such representation or warranty is not by its terms already qualified as to materiality) as of such earlier date and (B) no Default or Event of Default shall have occurred and be continuing and (ii) attaching evidence that sufficient Term B Lenders have consented to the amendments set forth in Section 7 to comprise, together with the Lenders party to this Amendment or a Term A Lender New Commitment or a RC Lender New Commitment, Majority Lenders; and
(c) The Administrative Agent shall have received payment by the Borrower of the fees set forth in the applicable engagement or fee letter and all reasonable out-of-pocket costs, expenses (including but not limited to attorneys’ fees) and other amounts required to be paid by the Borrower in connection with the execution and delivery of this Amendment or otherwise under the Loan Documents; and
(d) The Administrative Agent shall have received such other documents and information as the Administrative Agent shall reasonably request on or prior to the date that the conditions in clauses (a) through (c) above are satisfied.
Covenant Amendments. Borrower has requested the following amendments to the referenced covenants contained in the Credit Agreement: