Modification to the Credit Agreement. The Parent covenants and agrees to provide the Administrative Agent copies of each material amendment, modification or waiver to any provision of the Credit Agreement promptly after the execution thereof. If any such amendment amends the financial tests set forth in Annex Z or increases the thresholds for events of the type described in Section 8.01(b) or (f), then the Transaction Parties hereby agree to amend this Agreement to conform to such amendments at the request of the Administrative Agent.
Modification to the Credit Agreement. Section 1.1 of the Credit Agreement is hereby modified by deleting clause (xvii) of the defined term for “Consolidated Net Income”.
Modification to the Credit Agreement. The parties hereto agree that references to the People’s Republic of China set forth in the definition of “Consolidated Total Indebtedness” in the Credit Agreement shall be deemed to exclude the Hong Kong Special Administrative Region of the People’s Republic of China.
Modification to the Credit Agreement. The Parent will not agree to any material amendment, modification or waiver to any provision of the Credit Agreement without the prior written consent of the Administrative Agent.
Modification to the Credit Agreement. Section 10.5(a)(iii)(A) of the Credit Agreement is hereby modified by deleting the words “50% of the” in such section.
Modification to the Credit Agreement. The Credit Agreement is hereby modified as follows:
Modification to the Credit Agreement. The Parent will not agree to any amendment, modification or waiver to any provision of the Credit Agreement (or any provision of the “Domestic Security Agreement” or the “Canadian Security Agreement” referred to therein that relates to the Receivables or transactions hereunder) after the date hereof without the prior written consent of the Administrative Agent.
Modification to the Credit Agreement. The Credit Agreement is modified by deleting the reference to “April 30, 2008” contained in the definition of the term “Revolving Credit Termination Date” appearing in Section 1.1 and inserting a reference to “April 30, 2009” in lieu thereof.
Modification to the Credit Agreement. The Credit Agreement is modified by deleting Section 8.1 and inserting the following in place thereof: “8.1Restriction on Indebtedness. Create, incur, assume or have outstanding any indebtedness for borrowed money (including capitalized leases) except (i) indebtedness under the Revolving Note or the Term Note issued under this Agreement, (ii) other indebtedness to the Lender, (iii) fed funds transactions in the ordinary course of business, (iv) indebtedness owing to any Federal Home Loan Bank (or any successor thereto), (v) indebtedness on account of the Subsidiary Bank maintaining deposit accounts in the ordinary course of business, (vi) any other indebtedness outstanding on the date hereof, and shown on the Borrower’s financial statements delivered to the Lender prior to the date hereof, together with restatements, substitutions and refinancings of such indebtedness, (vii) trust preferred securities issued by Borrower on February 26, 2007 in the amount of $14,000,000.00 with a maturity of March 30, 2037, (viii) trust preferred securities issued by Borrower on September 30, 2007 in the amount of $4,000,000.00 with a maturity of December 15, 2037, and (ix) trust preferred securities to be issued by Borrower (in one or more issuances) on or about December 11, 2008 in the amount of $25,000,000.00 with a maturity on or about December ___, 2038.”
Modification to the Credit Agreement. Without the prior written consent of the Administrative Agent, the Parent will not agree to any amendment, modification or waiver to any provision of the Credit Agreement (other than the Existing Credit Agreement so long as the administrative agent thereunder is GE Capital or an Affiliate thereof) which impairs the rights of the Buyer, the Administrative Agent, the Indemnified Persons or the Affected Parties under any Related Document or with respect to the Transferred Receivables, the Collections thereon or the Borrower Collateral.
