Section 1.1 Defined Terms. The following defined term is added into Section 1.1 of the Agreement in its applicable alphabetical order:
Section 1.1 Defined Terms. Section 1.1 of the Credit Agreement is amended by amending the definitions of “Applicable Margin” and “Revolving Loan Maturity Date” in their entireties to read as follows:
Section 1.1 Defined Terms. Section 1.1 of the Credit Agreement is hereby further amended by inserting the following new definitions in the appropriate alphabetical order:
Section 1.1 Defined Terms. Section 1.1 of the Loan Agreement is amended by amending the definitions of “EBITDA”, “Interest Charges”, “Senior Subordinated Notes”, and “Subordinated Obligations” to read in full as follows:
Section 1.1 Defined Terms. Section 1.1 of the Credit Agreement is amended by inserting the definitions of “Average Total Assets”, “Net Income”, and “Return on Assets” in their respective entireties, to read as follows:
Section 1.1 Defined Terms. Section 1.1 of the Financing Agreement is amended by adding the term Consulting Charges, and the definition thereof, in the appropriate alphabetical order, and by deleting the definitions of the terms Consolidated EBITDA and Consolidated Fixed Charges, and substituting the following in lieu thereof: “Consolidated EBITDA shall mean, for any period, with respect to the Parent and its consolidated Subsidiaries, other than the Excluded Subsidiaries, all earnings before all interest, tax obligations and depreciation and amortization expense for such period, all determined in conformity with GAAP on a basis consistent with the latest audited financial statements of the Parent, but excluding the effect of extraordinary and/or nonrecurring gains or losses for such period and, to the extent included in the calculation of earnings for such period, excluding any Consulting Charges paid during such period.” “Consolidated Fixed Charges shall mean, for any period, with respect to the Parent and its consolidated Subsidiaries, other than the Excluded Subsidiaries, the sum of (a) all cash interest obligations (including, without limitation, cash interest obligations in respect of any Investor Obligations, Textron Obligations and/or Subordinated Debt) paid or due during such period, (b) the amount of all scheduled fees paid to the Agent and the Lenders during such period, (c) the amount of principal repaid in cash or scheduled to be repaid but not paid on Indebtedness (other than the Revolving Loans and any loans made pursuant to the Textron Loan Agreement) during such period (including, without limitation, principal repayments in respect of any Investor Obligations and/or Subordinated Debt, but not including principal repayments in respect of any Indebtedness that is, by its terms, payable only in stock) provided, that, cash payments made in respect of Indebtedness incurred in connection with any Permitted Acquisition will be excluded from Consolidated Fixed Charges to the extent that they were made with the proceeds of capital contributions (either in the form of equity or Subordinated Debt) and not with the proceeds of Revolving Loans or other working capital, (d) unfinanced Capital Expenditures incurred during such period, (e) all cash payments made or due in respect of any earnout or similar contingent obligations during such period, provided, that, such cash payments will be excluded from Consolidated Fixed Charges to the extent that they were made with the proceeds o...
Section 1.1 Defined Terms. Section 1.1 of the Credit Agreement is hereby amended by deleting the last sentence of the definition of “Indebtedness” in its entirety and replacing it with the following: “Nothwithstanding the foregoing, “Indebtedness” shall not include (x) the face amount of any undrawn Performance Letters of Credit or the amount of any obligations in respect of surety bonds or performance bonds, in each case to the extent unmatured, (y) Indebtedness Associated with Assets Not Owned, or (z) obligations with respect to options to purchase real property that have not been exercised.”
Section 1.1 Defined Terms. Section 1.1 of the Loan Agreement is hereby amended by adding the following definition in the appropriate alphabetical order: “Refinanced Purchase Money Indebtedness” means Indebtedness incurred solely for the purpose of refinancing purchase money Indebtedness provided that such refinancing Indebtedness is incurred within 180 days of the date of the acquisition, construction or improvement of the personal Property financed by such purchase money Indebtedness;". 4.
