Other Amendments to the Credit Agreement. Section 2.4 of the Credit Agreement is ------------------------ hereby amended and restated in its entirety as follows:
Other Amendments to the Credit Agreement. Effective as of the Amendment No. 2 Effective Date, the Credit Agreement is hereby amended as follows:
(a) The following definitions are hereby added to Section 1.01 in the appropriate alphabetical order:
Other Amendments to the Credit Agreement. The Credit Agreement is, effective as of the date hereof (except that the amendments in paragraphs (a), (p) and (q) below shall be effective retroactive to the Effective Date) and subject to the satisfaction of the applicable conditions precedent set forth in Section 3 of this Amendment, hereby amended as follows:
(a) The definition of “EBITDA” contained in Section 1.01 of the Credit Agreement is hereby amended by inserting immediately prior to the “.” at the end of clause (c)(ii) thereof, the following proviso: “; provided, however, that in any event and for all periods, non-cash gains or losses on foreign currency translation in connection with the re-measurement of balance sheet assets and liabilities shall be excluded from the calculation of EBITDA”.
(b) Section 1.01 of the Credit Agreement is hereby further amended by inserting the following new definition in the appropriate alphabetical position:
Other Amendments to the Credit Agreement. Section 12.1 of the Credit Agreement is hereby amended by replacing the following clause, located immediately after the listing of items 12.1
(a) through 12.1(p): "then, and in any such event, so long as the same may be continuing," with the following new clause: "then, and in any such Event of Default, so long as the same may be continuing,"
Other Amendments to the Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 6 hereof, the Credit Agreement is hereby amended as follows, effective as of the Loan Modification Effective Date:
(a) Section 6.12 (Interest Coverage Ratio) of the Credit Agreement is hereby amended by (i) replacing in its entirety the chart contained therein with the following: Period Ratio December 31, 2013 through December 31, 2017 1.75 to 1.00 Thereafter 2.00 to 1.00 (ii) inserting the following sentence at the end of such Section 6.12: “Notwithstanding anything to the contrary contained herein, solely for purposes of this Section 6.12, the Interest Coverage Ratio (including Consolidated EBITDA for purposes thereof) shall be determined on a pro forma basis giving effect to any Asset Sale during the applicable period and the use of proceeds thereof during such period”.
Other Amendments to the Credit Agreement. The Credit Agreement is hereby amended by replacing all references to “Syndication Agent” that appear therein with “Co-Syndication Agents”.
Other Amendments to the Credit Agreement. 3.1 Section 7.02 of the Credit Agreement is amended as follows:
(a) Section 7.02(e) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
(e) on the tenth (10th) Business Day of each month, a forward position report, in form and substance acceptable to the Agent, showing the mxxx to market position of the Borrower's forward book as of the last calendar day of the preceding month for each Product other than coal, electrical power and Environmental Products, certified by a Responsible Officer of the Borrower;”
(b) Section 7.02(j) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Other Amendments to the Credit Agreement. (a) Section 2.01 of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by adding the following sentence immediately before the last sentence of Section 2.01(a): “Following the making or continuation thereof, as applicable, on the Third Amendment Effective Date, the New 2022 Term Loans shall constitute Initial Term B Loans and Term B Loans, as applicable, in all respects.”
(b) Section 2.08(a)(ii) of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by replacing the phrase “Closing Date or Amendment Effective Date, as applicable” where used therein with the phrase “Closing Date, Amendment Effective Date or Third Amendment Effective Date, as applicable”.
(c) Section 2.11(h) of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by replacing the phrase “twelve (12) month anniversary of the Amendment Effective Date” where used therein with the phrase “six (6) month anniversary of the Third Amendment Effective Date”.
(d) Section 2.20(b) of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by replacing the phrase “eighteen (18) months after the Closing Date” where used therein with the phrase “eighteen (18) months after the Third Amendment Effective Date”.
(e) Article III of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by adding the following section as a new Section 3.22:
Other Amendments to the Credit Agreement. Effective as of December 31, 2002:
(a) Section 1.4 of the Credit Agreement is amended by deleting the word "Wherever" from the first line thereof and replacing that word with the words "Except as otherwise set forth in this Agreement, wherever";
Other Amendments to the Credit Agreement. 2.1 Amendments to Subsection 1.6:
