of the Original Credit Agreement. Section 6.1 of the Original Credit Agreement is hereby amended and restated to read as follows:
of the Original Credit Agreement. Except to the extent specifically amended hereby, each of the Loan Documents (including the Exhibits and Schedules to the Original Credit Agreement and the other Loan Documents) shall continue in full force and effect and, from and after the Effective Date, all references to the "Credit Agreement" contained therein shall be deemed to refer to this Agreement.
of the Original Credit Agreement. Clause (v) of Section 5.1 of the Original Credit Agreement is hereby amended and restated as follows:
of the Original Credit Agreement. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree that the Original Credit Agreement shall be amended and restated in its entirety to read as follows:
of the Original Credit Agreement. For the avoidance of doubt, the Swiss Subsidiary Borrower shall be required to comply with the increased interest rule such as set out under Section 2.08(d) above in respect of all Lenders or participants that have complied with their obligations under all provisions referred to under this Section 2.08(f). For the avoidance of doubt, the Swiss Subsidiary Borrower shall be required to comply with the increased interest rule such as set out under Section 2.08(d) above in respect of any Lender if it has otherwise breached the Swiss Withholding Tax Rules or if it does not comply with the covenant provided for by Section 6.17. The principles of Section 3.01 shall apply with respect to refunds or credits received on account of additional interest paid under this Section 2.08.
of the Original Credit Agreement. The aggregate principal amount of Tranche A Term Loans outstanding on the Restatement Effective Date is $125,500,000.
of the Original Credit Agreement. (a) ---------------------------------------------------------- The following defined terms and the definitions therefor are hereby added to Section 1.1 of the Original Credit Agreement and inserted in correct alphabetical order: Bridgeville Adjacent Property: Those certain parcels of ground ----------------------------- located in the Borough of Bridgeville, Upper St. Clair Township, Xxxxxxx Township and Xxxxx Township, Allegheny County, Pennsylvania and highlighted on Schedule 1.1b attached hereto together with improvements thereto and all appurtenances thereto.
of the Original Credit Agreement. Section 3.4 of the Original Credit Agreement is hereby amended such that the reference in Section 3.4 to Schedule 4.14 is deleted and there is hereby substituted therefor "Schedule 4.13". This amendment is deemed effective as of the Closing Date nunc pro tunc. ---- --- ----
of the Original Credit Agreement. The Borrower will not change its fiscal year from a period of four fiscal quarters (based on a 52/53 week year) ending on the last Saturday of each December or the first Saturday of January; provided that the Borrower may change its fiscal year with the prior written approval of the Administrative Agent if the Administrative Agent is satisfied that such change will have no substantive effect on the requirements of Section 5.19 or any other provision of this Agreement.
of the Original Credit Agreement. The following defined terms and the definitions therefor are hereby added to Section 1.1 of the Original Credit Agreement and inserted in correct alphabetical order: Acknowledgment of Intercreditor Agreement: The First Amendment to ----------------------------------------- Intercreditor Agreement among the Canadian Security Agent, the US Security Agent, the Bank, the Administration Agent and the Noteholders as consented to by the Borrower and each of the other Loan Parties and dated as of the First Amendment Effective Date.
