Modified Definition. The definition of "Triggering Event" in Section 1 of the Bonus Agreement is hereby deleted in its entirety and replaced by the following: Prior to the Plan Effective Date, a "Triggering Event" shall be deemed to have occurred on the date that any of he following shall have occurred:
(A) any member of the Company Group enters into a binding agreement with one or more Independent Third Parties to directly acquire, in exchange for cash, stock, claims, or property, fifty percent or more of the aggregate equity securities of Holdings for which the MLCP Investors and the Equitable Investors (as defined in the Amended and Restated Stockholders Agreement among Holdings and its Stockholders, dated January 22, 1998) (together, the "Stockholders") are Beneficial Owners as of the Effective Date;
(B) any member of the Company Group enters into a binding agreement providing for a merger, consolidation, reorganization or other business combination upon consummation of which one or more Independent Third Parties would own or control fifty percent or more of either (i) the aggregate voting securities of the Company Group, (ii) the aggregate economic interest of the outstanding equity securities of the Company Group or (iii) the aggregate value of the assets of the Company;
(C) any member of the Company Group enters into transaction upon consummation of which an Independent Third Party would acquire in exchange for cash, stock, claims or property fifty percent or more of either (I) the aggregate equity securities of the Company, PTK Holdings, Inc. or Supermarkets General Holdings Corporation, or (II) the Company's assets; or
(D) any member of the Company Group files a plan of reorganization or motion for relief in a case under title 11 of the United States Code for the purpose of implementing an agreement or transaction of the type described in any of the preceding clauses (A), (B) or (C); provided, however, that a Triggering Event shall not include any change of ownership resulting from a public offering of any of the securities of any of the Company Group pursuant to an effective registration statement under the Securities Act of 1933, as amended. On and after the Plan Effective Date, a "Triggering Event" shall be deemed to have occurred on the date that any of the following shall have occurred, provided that a Triggering Event may occur only during the Term (as defined in Section 2 below):
(A) the acquisition by any Person of beneficial ownership (within the meaning of R...
Modified Definition. The following defined term in Section 1.2 of the Loan Agreement shall be amended and restated to read as follows:
Modified Definition. The defined term “Revolving Line Maturity Date” as set forth in Section 13.1 of the Loan Agreement is hereby amended to be “April 24, 2009.”
Modified Definition. The defined term “Committed Revolving Line” as set forth in Section 13 of the Loan Agreement is hereby amended to be as follows: “ ‘Committed Revolving Line’ is (A) Fifteen Million Dollars ($15,000,000), provided that Borrower maintains at all times at Bank at least $4,000,000 in unrestricted cash or cash equivalents, exclusive of any loan proceeds from Bank; and (B) on and after December 31, 2004, Twenty Million Dollars ($20,000,000) provided that Borrower maintains at all times at Bank at least $10,000,000 in unrestricted cash or cash equivalents, exclusive of any loan proceeds from Bank.”
Modified Definition. The following definition in Section 1.1 of the Agreement is hereby removed and replaced in its entirety as follows:
Modified Definition. The defined term “Eligible Inventory” as set forth in the Loan Agreement is hereby amended to read as follows: “Eligible Inventory” shall mean such items of Inventory of Borrower consisting of finished goods and raw materials as are acceptable to Bank in its discretion for financing purposes hereunder.
Modified Definition. The defined term "Business Day" as set forth in Section 13.1 of the Loan Agreement is hereby amended to read as follows:
Modified Definition. The following defined term is hereby amended to read as follows:
Modified Definition. The definition of “Triggering Event” in Section 1 of the Bonus Agreement is hereby deleted in its entirety and replaced by the following: Prior to the Plan Effective Date, a “Triggering Event” shall be deemed to have occurred on the date that any of he following shall have occurred:
