Subsection 4. 5. Subsection 4.5 is deleted in its entirety and the following substituted therefor:
Subsection 4. 4.1 of the Agreement shall not apply. Supplier and OPA agree that Generation Payments shall be settled through the IESO or as otherwise agreed in writing between the Parties
Subsection 4. 5(c) of the Credit Agreement is hereby amended and restated as follows:
Subsection 4. 06(a): The aggregate amount of all unreimbursed Class A Investor Charge-Offs $
Subsection 4. 02(a) of the Existing LC Facility is hereby amended by deleting such subsection in its entirety and substituting in lieu thereof the following:
Subsection 4. 1(a) of the Credit Agreement is hereby deleted in its entirety, with the following language substituted therefor:
(a) (i) as soon as practicable and in any event within thirty (30) days after the end of each of the first two (2) months of each fiscal quarter of the Borrower’s Fiscal Year, a consolidated balance sheet of Borrower and its Consolidated Subsidiaries as at the end of such month and the previous Fiscal Year end and the related consolidated statements of operations and cash flows for such month, and for the portion of the Fiscal Year ended at the end of such month setting forth in comparative form the figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail and certified by either a Responsible Officer of Borrower or another Person consented to in writing by Agent in Agent’s reasonable discretion, as fairly presenting, in all material respects, the financial condition and results of operations of Borrower and its Consolidated Subsidiaries and as having been prepared in accordance with GAAP applied on a basis consistent with the audited financial statements of Borrower (subject to changes resulting from audit and normal year end adjustments and the absence of footnotes);
(ii) as soon as practicable and in any event within the earlier to occur of (x) forty-five (45) days after the end of each of the first three (3) fiscal quarters of the Borrower’s Fiscal Year or (y) five (5) days after the filing of the SEC 10Q filing for such fiscal quarter, if applicable, a consolidated balance sheet of Borrower and its Consolidated Subsidiaries as at the end of such fiscal quarter and the previous Fiscal Year end and the related consolidated statements of operations and cash flows for such fiscal quarter, and for the portion of the Fiscal Year ended at the end of such fiscal quarter setting forth in comparative form the figures for the corresponding periods of the previous Fiscal Year, all in reasonable detail and certified by either a Responsible Officer of Borrower, as fairly presenting, in all material respects, the financial condition and results of operations of Borrower and its Consolidated Subsidiaries and as having been prepared in accordance with GAAP applied on a basis consistent with the audited financial statements of Borrower (subject to changes resulting from audit and normal year end adjustments and the absence of footnotes); and
(iii) as soon as practicable and in any event within forty-five (45) days after the...
Subsection 4. 8. Subsection 4.8 of the Existing Lease is hereby amended by deleting it in its entirety and substituting in lieu thereof the following new subsection 4.8:
Subsection 4. 3.1 of the Original Credit Agreement is amended by changing the time for notice. Consequently, subsection 4.
3.1 now provides as follows:
4.3.1 Subject to the terms and conditions of this Agreement, the Swing Line Lender agrees to make Swing Line Advances to the Borrower on any Business Day from time to time prior to the expiry of the Term. Swing Line Advances (other than by Letters of Credit) may be made or drawn by way of overdrafts on the Borrower’s account with the Swing Line Lender or by way of irrevocable same Business Day telephone notice at or before 12:00 p.m. followed by the delivery on the same day of a written notice of confirmation. Swing Line Advances by Letter of Credit shall be subject to the prior notice as required by the Swing Line Lender in accordance with its normal practices and shall not exceed $1,000,000 in the aggregate outstanding at any time.”.
Subsection 4. 10.2 of the Original Credit Agreement is amended to add a reference to US$ borrowings made under the Unsecured Facility, and now provides as follows:
Subsection 4. 9(B). The Administrative Agent and the Lenders hereby waive the Borrower's noncompliance with the provisions of subsection 4.9(b) of the Credit Agreement (and any Default or Event of Default resulting therefrom) to the extent (but only to the extent) that the failure to so comply is due to the fact that the December 31, 1997 Reserve Report furnished to the Administrative Agent and the Lenders was prepared by the Borrower and audited by Ryder Scott Company.
