Replacement of Definitions. With respect to the Senior Non Preferred Notes only, Section 1.01 of the Base Indenture is amended to replace in their entirety the following definitions:
Replacement of Definitions. The definitions of "Applicable Margin" and "EBITDA" contained in subsection 1.1 of the Credit Agreement are hereby amended by deleting such definitions in their entirety and substituting in lieu thereof the following definitions:
Replacement of Definitions. The definitions of "Security Documents", and "Status" are hereby deleted and replaced in their entirety with the following:
Replacement of Definitions. Section 1.1(1) of the Credit Agreement is hereby amended by deleting the definitions of “Lenders’ Counsel”, “Second Lien Creditors”, “Second Lien Refinancing” and “Senior Secured Debt” and substituting the following therefor (with the following definition of “Junior Refinancing Debt” replacing the definition of “Second Lien Refinancing”):
Replacement of Definitions. Section 1 of the Rights Agreement is hereby amended by deleting and replacing in entirety the following definitions:
Replacement of Definitions. Section 1.1 of the Credit Agreement is amended as follows:
Replacement of Definitions. The definitions of the following terms in subsection 1.1 of the Credit Agreement shall be deleted in their respective entireties and replaced with the following respective definitions: "'Applicable Margin' shall, at any time, be determined pursuant to the Pricing Grid."
Replacement of Definitions. With respect to the Subordinated Notes, the following definitions in Section 1.01 of the Base Indenture are hereby deleted in their entirety and replaced with the following:
Replacement of Definitions. Subsection 1.1 of the Credit Agreement is hereby amended by deleting the definitions of "Business Day", "Revolving Extensions of Credit" and "Swing Line Commitment" contained therein and substituting in lieu thereof the following definitions:
Replacement of Definitions. Section 1.1 of the Credit Agreement is -------------------------- hereby amended by deleting therefrom the definitions of the following definitions in their entirety and substituting in lieu thereof the following definitions in the appropriate alphabetical order: 'Consolidated EBITDA': for any period, Consolidated Net Income for such ------------------- period plus, without duplication and to the extent reflected as a charge in ---- the statement of such Consolidated Net Income for such period, the sum of (a) total income tax expense, (b) interest expense, amortization or writeoff of debt discount and debt issuance costs and commissions, discounts and other fees and charges associated with Indebtedness (including the Loans), (c) depreciation and amortization expense, (d) amortization of intangibles (including, but not limited to, goodwill) and organization costs, (e) any extraordinary or non-recurring expenses or losses (including, whether or not otherwise includable as a separate item in the statement of such Consolidated Net Income for such period, losses on sales of assets outside of the ordinary course of business) or, with respect to the computation of the financial covenants contained in Section 7.1 for any Reference Period ending on or prior to September 30, 1998, writeoffs or changes to the income statements increasing the amount of reserves, in an aggregate amount not to exceed $15,000,000, of accounts receivable of the Borrower and its Subsidiaries, (f) any other non-cash charges, (g) with respect to the computation of the financial covenants contained in Section 7.1 for any Reference Period ending on or prior to September 30, 1998, fees and expenses related to the transactions contemplated by the Recapitalization Agreement (including conforming accounting adjustments) and the financing thereof in an aggregate amount equal to the lesser of the actual amount of such expenses and $122,000,000, (h) non-recurring cash charges taken within six months of the First Amendment Effective Date as a result of the Mariner Merger in an aggregate amount not to exceed $25,000,000 (such charges not in excess of such amount, the "Mariner Merger Charges"), (i) any lease ---------------------- payments by Summit Institute for Pulmonary Medicine and Rehabilitation, Inc. ("Summit") with respect to the Riverside Community Hospital, Bossier ------ City, Bossier Parish, Louisiana, to the extent and in the proportion of the guarantee by Summit of the then outstanding prin...
