Ratio of Senior Secured Funded Debt to EBITDAX. The Parent will not, as of any date of determination from and after the Fourth Amendment Effective Date up to and including March 30, 2014, permit its ratio of Senior Secured Funded Debt as of such date to EBITDAX for the most recent period of four fiscal quarters for which financial statements are available to be greater than 3.0 to 1.0.
Ratio of Senior Secured Funded Debt to EBITDAX. The Parent will not, as of any date of determination from and after the Eighth Amendment Effective Date up to and including the Covenant Relief End Date, permit its ratio of Senior Secured Funded Debt as of such date to EBITDAX for the most recent period of four fiscal quarters for which financial statements are available to be greater than 3.0 to 1.0.
2.10 Amendment to Section 9.04(b). Section 9.04(b) is hereby amended by adding (i) “(A)” following “except that the Borrower may” and before “prepay the Senior Debt” and (ii) “and (B) Redeem the Existing Senior Notes or the Senior Notes for which the aggregate consideration paid shall not exceed $50,000,000; provided, that the proceeds of the Loans shall not be used to consummate such Redemption” following “the Borrower or the Parent” and before “or (ii) amend, modify, waive”.
2.11 Amendment to Section 12.03(b). Section 12.03(b) is hereby amended by adding the following as the last sentence therein: “This Section 12.03(b) shall not apply with respect to Taxes other than any Taxes that represent losses, claims or damages arising from any non-Tax claim.”
2.12 Amendment to Section 12.04(b)(i). Section 12.04(b)(i) is hereby amended in its entirety as follows:
(i) Subject to the conditions set forth in Section 12.04(b)(ii), any Lender may assign to one or more assignees, other than a natural person or a Defaulting Lender, all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans at the time owing to it) with the prior written consent (such consent not to be unreasonably withheld) of:
(A) the Borrower, provided that no consent of the Borrower shall be required for an assignment to a Lender, an Affiliate of a Lender, an Approved Fund or, if an Event of Default has occurred and is continuing, to any other assignee; and
(B) the Administrative Agent, provided that no consent of the Administrative Agent shall be required for an assignment to an assignee that is a Lender (other than a Defaulting Lender), an Affiliate of a Lender (other than a Defaulting Lender) or an Approved Fund immediately prior to giving effect to such assignment.
2.13 Amendment to Section 12.04(c)(i). Section 12.04(c)(i) is hereby amended by adding the following as the last sentence therein: “Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Par...
Ratio of Senior Secured Funded Debt to EBITDAX. The Parent will not, as of any date of determination from and after the Ninth Amendment Effective Date up to the Covenant Relief End Date, permit its ratio of Senior Secured Funded Debt as of such date to EBITDAX for the most recent period of four fiscal quarters for which financial statements are available to be greater than (i) for the fiscal quarters ending during 2016, 3.00 to 1.0, (ii) for the fiscal quarters ending March 31, 2017 and June 30, 2017, 3.50 to 1.0 and (iii) for the fiscal quarters ending September 30, 2017 and December 31, 2017, 4.00 to 1.0.
2.15 Addition of Section 9.01(d). The following is hereby added as Section 9.01(d) after Section 9.01(c):
