(j). Section 14.1(j) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
(j). In the case of any Letter of Credit to be issued in an Agreed Foreign Currency, Amegy Bank may designate any of its affiliates as the “Issuing Bank” for purposes of such Letter of Credit.
(j). The Company shall supply the Local Union(s) with a list of all part-time employees on a monthly basis.
Section 28.2 Part-time help will be required to complete a training course, and qualify, prior to operating tow motors.
(j). The Borrower shall be obligated to make such prepayments either within thirty days or in six substantially equal monthly installments, with accrued interest thereon, the first of which shall be due within such thirty days and each subsequent payment being due and payable on the same day in each of the subsequent calendar months.
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(j). Section 6.9(j) of the Operating Agreement is hereby amended in its entirety to read as follows:
(j). Section 9.2 of the Business Combination Agreement is hereby amended to add the following Section 9.2(j):
(j). Section 5.8(j) of the Credit Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof: “Investments of Holdings (to the extent owned by Holdings on the Closing Date) in the capital stock or other equity securities of (i) Econometrix, Inc., a California corporation, (ii) AutoHire Development, Inc. and (iii) PFI, provided, in each case, all of the outstanding capital stock or other equity interests of any such Person owned by Holdings has been pledged to the Collateral Agent;”
(j). The Borrower hereby grants to the Administrative Agent, for the benefit of the Issuing Bank and the Lenders, an exclusive first priority and continuing perfected security interest in and Lien on such account and all cash, checks, drafts, certificates and instruments, if any, from time to time deposited or held in such account, all deposits or wire transfers made thereto, any and all investments purchased with funds deposited in such account, all interest, dividends, cash, instruments, financial assets and other Property from time to time received, receivable or otherwise payable in respect of, or in exchange for, any or all of the foregoing, and all proceeds, products, accessions, rents, profits, income and benefits therefrom, and any substitutions and replacements therefor. The Borrower’s obligation to deposit amounts pursuant to this Section 2.08(j) shall be absolute and unconditional, without regard to whether any beneficiary of any such Letter of Credit has attempted to draw down all or a portion of such amount under the terms of a Letter of Credit, and, to the fullest extent permitted by applicable law, shall not be subject to any defense or be affected by a right of set-off, counterclaim or recoupment which the Borrower or any of its Subsidiaries may now or hereafter have against any such beneficiary, the Issuing Bank, the Administrative Agent, the Lenders or any other Person for any reason whatsoever. Such deposit shall be held as collateral securing the payment and performance of the Borrower’s and the Guarantor’s obligations under this Agreement and the other Loan Documents. The Administrative Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account. Other than any interest earned on the investment of such deposits, which investments shall be made at the written request and instruction of the Borrower but at the option and sole discretion of the Administrative Agent and at the Borrower’s risk and expense, such deposits shall not bear interest. Interest or profits, if any, on such investments shall accumulate in such account. Moneys in such account shall be applied by the Administrative Agent to reimburse the Issuing Bank for LC Disbursements for which it has not been reimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations of the Borrower for the LC Exposure at such time or, if the maturity of the Loans has been accelerated, be applied t...
(j). The Borrower shall be obligated to make such prepayment and/or deposit of cash collateral (w) in the case of an adjustment to the Borrowing Base pursuant to Section 2.08(f), on the date it or any of its Subsidiaries receives Net Cash Proceeds from the applicable Disposition, (x) in the case of an adjustment to the Borrowing Base pursuant to Section 2.08(g), within one (1) Business Day of the date it or any of its Subsidiaries receives Net Cash Proceeds from the applicable Swap Liquidation, (y) in the case of a reduction of the Borrowing Base pursuant to Section 2.08(h), on the date it or any of its Subsidiaries receives Net Cash Proceeds from the applicable issuance or incurrence of Indebtedness and (z) in the case of a reduction of the Borrowing Base pursuant to Section 2.08(i), on the date of such reduction.
