Replacement Schedules. Promptly, and in any event within 30 days, after any information contained in Schedule 4.01(b) (other than with respect to Dormant Subsidiaries) or any representation or warranty herein referring to such Schedule, if repeated as of any date, shall become or would be incorrect or incomplete, deliver to the Administrative Agent a replacement for such Schedule that will cause such information, or such representation or warranty, to be correct and complete.
Replacement Schedules. The Administrative Agent shall have received replacement Schedules 4.1, 8.2 and 8.6 to each Credit Agreement, each in form and substance satisfactory to the Administrative Agent.
Replacement Schedules. The Administrative Agent shall have received a replacement Schedule 3.12 to the Credit Agreement and a replacement Schedule 2(a) to the Pledge Agreement, as necessary.
Replacement Schedules. Schedules 1.1(b) and 3.12 of the Credit Agreement are hereby replaced in its entirety with the Schedules with the appropriate numbers attached hereto as Exhibit B.
Replacement Schedules. The Replacement Schedules referred to below (and identified as the Attachments listed below) shall replace the existing Schedules, as applicable, in their entirety:
Replacement Schedules. The Administrative Agent shall have received replacement Schedules 4.1, 8.1, 8.2 and 8.6 to this Agreement, Schedule 6(a) to the Parent Guaranty and Schedule 4(a) to the Arch Guaranty, each in form and substance satisfactory to the Administrative Agent.
Replacement Schedules. The Administrative Agent shall have received replacement Schedules 4.1, 8.1, 8.2 and 8.6 to this Agreement and Schedule 4(a) to the Arch Guaranty, each in form and substance satisfactory to the Administrative Agent.
18. Section 8.3(iv)(I) of the Credit Agreement is amended by replacing the phrase "the three month period ending on the Merger Effective Date (or if the Merger Effective Date is not the last day of a month, for the immediately preceding three month period)" appearing in clauses (I)(1) and (I)(2)(ii) with the phrase "the three month period immediately preceding the Merger Effective Date for which financial statements are available".
19. Section 8.3(iv)(M) of the Credit Agreement is amended by substituting "$50,000,000" for "$85,000,000" therein.
20. Section 8.3(iv)(T) of the Credit Agreement is amended in its entirety to read as follows:
Replacement Schedules. The Replacement Schedules referred to below (and identified as the Attachments listed below) shall replace the existing Schedules, as applicable, in their entirety: Schedule 1.1 (EBITDA Adjustments) 3 3. This Sixth Amendment shall become effective (according to the terms hereof) on the date (the "Sixth Amendment Effective Date") that the following conditions have been fully satisfied by the Company (the "Conditions") (which shall be confirmed by the Bank by the delivery and release to the Company of its signature page to this Sixth Amendment):
(a) Bank shall have received via facsimile (followed by the prompt delivery of original signatures) counterpart originals of this Sixth Amendment, in each case duly executed and delivered by the Company and the Bank.
(b) Bank shall have received the Reaffirmation of Loan Documents, executed and delivered by each Loan Party in the form attached to this Sixth Amendment as Attachment 2.
(c) Bank shall have received a certification from the Company and each of the Loan Parties dated as of the Sixth Amendment Effective Date that, after giving effect to the amendments contained herein, (a) execution and delivery of this Sixth Amendment and the other Loan Documents required to be delivered hereunder, and the performance by the Loan Parties of their respective obligations under the Credit Agreement as amended hereby (herein, as so amended, the "Amended Credit Agreement") are within such undersigned's powers, have been duly authorized, are not in contravention of law or the terms of its articles of incorporation or bylaws or other organic documents of the parties thereto, as applicable, and except as have been previously obtained do not require the consent or approval, material to the amendments contemplated in this Sixth Amendment, of any governmental body, agency or authority, and the Amended Credit Agreement and the other Loan Documents required to be delivered hereunder will constitute the valid and binding obligations of such undersigned parties enforceable in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, reorganization, insolvency, moratorium, ERISA or similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (whether enforcement is sought in a proceeding in equity or at law), (b) the representations and warranties set forth in Sections 7.1 through 7.14, inclusive, of the Amended Credit Agreement are true and correct on a...
Replacement Schedules. Promptly following each Utilisation Date, the Facility Agent shall produce schedules to replace the schedules in Schedule 9 which will reflect the actual amount of the Loans and the Total Available Commitments. Upon delivery of those replacement schedules to the Borrower, those schedules shall be deemed for all purposes of the Facility Documents to replace the then current schedules in Schedule 9.
Replacement Schedules. Promptly any prepayment pursuant to this clause 7, the Facility Agent shall if necessary produce schedules to replace the schedules in Schedule 9 which reflect the actual amount of the Loans and the Total Available Commitments. Upon delivery of those replacement schedules to the Borrower, those schedules shall be deemed for all purposes of the Facility Documents to replace the schedules in Schedule 9 as at the date of this Agreement (as replaced if applicable pursuant to clause 5.6 and/or this clause 7.7).
