Specific Amendment to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) The Credit Agreement is hereby amended by inserting the following definition into Section 1.1 in appropriate alphabetical order:
Specific Amendment to Credit Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement is hereby amended as set forth below:
Specific Amendment to Credit Agreement. Section 7.05(j) of the Credit Agreement is hereby restated in its entirety as follows:
Specific Amendment to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) The Credit Agreement is hereby amended by restating the first sentence of Section 9.1.(e) in its entirety to read as follows: The Parent shall not permit the ratio of (i) the product of (A) Unencumbered Adjusted NOI for the two consecutive fiscal quarters most recently ended multiplied by (B) 2 to (ii) Unsecured Indebtedness of the Parent and its Subsidiaries to be less than 0.11 to 1.00 at any time; provided, that at any time during the period commencing on July 1, 2013 and ending on December 31, 2013, the Parent shall not permit the ratio of (i) the product of (A) Unencumbered Adjusted NOI for the two consecutive fiscal quarters most recently ended multiplied by (B) 2 to (ii) Unsecured Indebtedness of the Parent and its Subsidiaries to be less than 0.095 to 1.00.
(b) The Credit Agreement is hereby further amended by restating Section 9.2.(b) in its entirety to read as follows:
Specific Amendment to Credit Agreement. The definition of the -------------------------------------- term "Consolidated Net Income" contained in Schedule 1.02 of the Credit Agreement is hereby deleted in its entirety and the following substituted in its place:
Specific Amendment to Credit Agreement. Subject to satisfaction of the conditions contained in Section 3 hereof, the parties hereto agree that the Credit Agreement is modified as follows:
(a) The Credit Agreement is amended by restating in full the definitions of “Applicable Margin”, “Implied Debt Service”, “LIBOR”, “Maximum Loan Availability” and “Termination Date” contained in Section 1.1 in their entirety as follows:
Specific Amendment to Credit Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows:
(a) Section 1.1 of the Credit Agreement shall be amended by restating the definition of “Capitalization Rate”, “LIBOR” and “LIBOR Market Index Rate”, in each case, in their entirety as follows:
Specific Amendment to Credit Agreement. (a) The definition of the term "Capital Expenditures" contained in Section 1.1 of the Credit Agreement is hereby amended by deleting the last sentence of such definition.
(b) The definition of the term "Consolidated Net Income" contained in Section 1.1 of the Credit Agreement is hereby amended by replacing the last sentence of such definition with the following sentence: Each of the following shall be disregarded when determining Consolidated Net Income: (a) the amount of $9,916,000 representing in-progress research and development costs expensed by the Borrower for the fourth fiscal quarter of its 1996 Fiscal Year as a result of its acquisition of ATx Telecom Systems, Inc. from Amoco Technology Company and (b) the amount of $19,516,000 representing the charge to the Borrower's earnings resulting from the arbitration award in favor of StarSight Telecast, Inc. granted by a California arbitration panel on July 24, 1996.
Specific Amendment to Credit Agreement. The parties hereto agree that the Credit Agreement is amended by deleting the definition of “Tangible Net Worth” in its entirety from Section 1.1 and substituting in its place the following:
Specific Amendment to Credit Agreement. (a) The reference to “the Third Amendment Effective Date” in Section 7.5 of the Credit Agreement, Restricted Payments, is hereby amended to read “the date of effectiveness of that certain Fourth Amendment to Amended and Restated Credit Agreement dated as of June 3, 2014, among the Borrower, the Administrative Agent and the Lenders party thereto” and clause (c) thereof is hereby amended and restated in its entirety to read as follows:
(c) after January 1, 2013, repurchases and redemptions of the Parent’s and its Subsidiaries’ Capital Stock and cash dividends payable by the Parent on its Capital Stock; provided, that (x) the aggregate amount of such Restricted Payments in the form of Capital Stock repurchases made by the Parent and/or its Subsidiaries and cash dividends payable by the Parent on its Capital Stock does not exceed (i) $35,000,000 for any Fiscal Year other than Fiscal Year 2014 and (ii) $75,000,000 for Fiscal Year 2014, and (y) the Parent and its Subsidiaries are in pro forma compliance (after giving effect to such Restricted Payments) with the financial covenants set forth in ARTICLE VI;”
