Definition of Permitted Acquisition. The definition of Permitted Acquisition in Section 1.1 of the Credit Agreement is hereby amended and restated as follows:
Definition of Permitted Acquisition. The definition of “Permitted Acquisition” in the Definitions Annex to the U.K. Guaranty shall be amended as follows:
(a) The reference to “Majority Interest Acquisition or Minority Interest Acquisition” in the first line of such definition shall be replaced with “Majority Interest Acquisition by any U.K. Company or Minority Interest Acquisition by any U.K. Company,”
(b) Clause (ii) of the definition shall be amended in its entirety to read as follows:
Definition of Permitted Acquisition. As used herein the term “Permitted Acquisition” shall mean the acquisition by the Company of all or any portion of, or certain rights related to, the stock or assets of any corporation or other entity engaged in the business of manufacturing, selling, developing or distributing spine or spine-related medical products or accessories pursuant to an asset or stock purchase, merger or other business combination transaction, license arrangement or distribution agreement on terms and conditions approved by the Investor, which approval shall not be unreasonably withheld.
Definition of Permitted Acquisition. The definition of "Permitted Acquisition" in Section 1.1 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Definition of Permitted Acquisition in Section 1.01. Solely with respect to the acquisitions of CW, Interface, Reliable and the PD Assets, the Administrative Agent and the Requisite Lenders agree to accept the financial statements of CW, Interface, Reliable and Pite Duncan, LLP for the twelve-month period ended July 31, 2007 to determine whether the Borrowers are in compliance with the financial covenants set forth in Section 6.08 on a pro forma basis after giving effect to such acquisitions as of the last day of the Fiscal Quarter ended September 30, 2007.
Definition of Permitted Acquisition. Effective on the Effective Date of this Amendment provided for in section 3 hereof, the term "PERMITTED ACQUISITION" contained in section 1.1 of the Credit Agreement is amended by deleting the word "and" at the end of clause (iv) thereof, by adding the word "and" following the semicolon at the end of clause (v) thereof, and by adding a new clause (vi) thereto, reading in its entirety as follows:
Definition of Permitted Acquisition. Clause (a)(ii) of the definition of “Permitted Acquisition” in Appendix A to the Credit Agreement shall be amended by adding, after the word “Ireland,” the phrase, “the Commonwealth of Australia,”.
Definition of Permitted Acquisition. The definition of "Permitted Acquisition" is amended by deleting the word "and" after clause (iv) and inserting the following language before the period at the end thereof: ; and (vi) if the Covenant Adjustment Date has not occurred, then the aggregate consideration to be paid by the Company and its Subsidiaries (including Debt assumed, but excluding capital stock of the Company) in connection with (a) such Acquisition will not exceed $15,000,000 and (b) all Acquisitions completed after June 29, 2001 will not exceed $30,000,000 in the aggregate.
Definition of Permitted Acquisition. The definition of "Permitted Acquisition," as set forth in Section 1.1 of the Credit Agreement, is hereby amended by deleting the figure "$20,000,000," appearing in clause (f) of such definition, and inserting the figure "$50,000,000" in substitution therefor. The definition of "Permitted Acquisition," as amended hereby, shall read in its entirety as set forth below:
Definition of Permitted Acquisition. The definition of "Permitted Acquisition" set forth in Section 1.1 of the Credit Agreement is amended as of the Fourth Amendment Effective Date to add the following paragraph to the end of such definition: "Notwithstanding the foregoing, the Permitted Acquisition Consideration for the Foremost Fabricators Acquisition and the Precision Painting Acquisition shall be excluded from calculation of the Permitted Acquisition Consideration for Fiscal Year 2014."
