Subsection 6 Sample Clauses

Subsection 6. 5.3 of the Agreement is amended as follows (with deletions shown by strikethroughs, and additions shown by underlining):

Subsection 6. 10(b) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:

Subsection 6. 7 of the Note Purchase Agreement is hereby amended and restated in its entirety to read as follows:

Subsection 6. 2.1) above shall apply to any inventions no matter whether they a) are related to the business of the Company, b) are based on experience and Know-how of the Company, c) emanate from such duties of activities as are to be performed by the Managing Director within the Company, or d) materialize during or outside normal business hours of the Company.

Subsection 6. 1.1 of the Original Credit Agreement is amended by replacing the time “10:00 A.M.” with the time “12:00 p.m.”. Consequently, subsection 6. 1.1 now provides as follows: 6.1.1 Subject to the applicable provisions of this Agreement, including Section 6.13, on any Business Day during the Disbursement Period, as part of the Credit available under the Revolving Facility, and/or, if the aggregate principal amount of the Advances outstanding under the Revolving Facility will not be less than the Threshold Amount (on the date said requested Advances under the Unsecured Facility are made), as part of the Credit available under the Unsecured Facility, by providing to the Agent an irrevocable telephone notice at or before 12:00 p.m. on any Business Day followed by the immediate delivery of a written Notice of Borrowing to the Agent, given at least two (2) Business Days prior to the date of the Advance or the Rollover Date (for the purposes of this Article 6 called the “Acceptance Date”), the Borrower may request that a BA Advance be made, that one or more Advances not borrowed as BA Advances be converted into one or more BA Advances or that a BA Advance or any part thereof be extended, as the case may be (the “BA Request”). Bankers’ Acceptances shall be issued on each Acceptance Date or Rollover Date, in a minimum Selected Amount, with respect to each Designated Period, of $5,000,000 or such greater amount which is an integral multiple of $1,000,000, shall have a Designated Period of 10 to 180 days (or such other period as may be available and acceptable to the Agent), subject to availability, and shall, in no event, mature on a date after the expiry of the applicable Term.”.

Subsection 6. (Delivery of Annual Financial Statements) of the Existing Credit Agreement is hereby amended to insert the following sentence as the last sentence in such Subsection: “Notwithstanding the foregoing, Borrower may deliver the financial statements required pursuant to this Subsection 6.1.3 for the fiscal year ended February 29, 2012 on or before October 1, 2012 (or such later date as the Agent may agree) rather than the date set forth above.”

Subsection 6. 01(l) of the Credit Agreement is hereby deleted and replaced with “[Reserved].”

Subsection 6. 21(i) of the Loan Agreement is hereby amended by deleting the existing Subsection 6.21(i) in its entirety and replacing it with the following: (i) Consolidated Outstanding Indebtedness to be more than 0.60 times Total Asset Value;

Subsection 6. 2(i) of the Credit Agreement is hereby amended by inserting immediately at the end of such subsection the following: " provided, further, that after September 30, 1997 neither the Borrower nor any of its Subsidiaries shall directly or indirectly create, incur, assume, guaranty or otherwise become directly or indirectly liable with respect to any Exchangeable Preferred Stock not outstanding on such date;".

Subsection 6. 1(a) of the Agreement (Letters of Credit) is amended as of the Amendment Effective Date to read in its entirety as follows: (a) On the terms and conditions set forth herein, (i) the Issuing Lender agrees, (A) from time to time on any Business Day during the period from the initial Closing Date to the Revolving Commitment Termination Date to issue Letters of Credit for the account of any Borrower (or, if a Letter of Credit is for the account of a Subsidiary that is not a Borrower, jointly for the account of a Borrower and such Subsidiary), and to amend or renew Letters of Credit previously issued by it, in accordance with subsections 6.2(c) and 6.2(d), and (B) to honor properly drawn drafts under the Letters of Credit; and (ii) the Revolving Lenders severally agree to participate in Letters of Credit Issued for the account of any Borrower (including any Letter of Credit issued jointly for the account of a Borrower and any Subsidiary); provided that the Issuing Lender shall not be obligated to Issue, and no Revolving Lender shall be obligated to participate in, any Letter of Credit if as of the date of Issuance of such Letter of Credit (the "Issuance Date"): (1) the Total Revolving Outstandings exceed the combined Revolving Commitments (less the Schaxx Xxxerved Amount), (2) the participation of such Revolving Lender in the Effective Amount of all L/C Obligations of the Borrowers plus (without duplication) the outstanding principal Dollar Equivalent amount of the Revolving Group Loans of such Revolving Lender plus such Revolving Lender's Pro Rata Share of the Australian Loans Sublimit and the Canadian Loans Sublimit plus such Revolving Lender's Pro Rata Share of all Swing Line Loans exceeds such Revolving Lender's Revolving Commitment, (3) the Effective Amount of all L/C Obligations of the Borrowers exceeds the L/C Commitment, (4) the Total Borrower Revolving Outstandings of the related Borrower exceed the limit for such Borrower set forth in Schedule 2.1(d). Within the foregoing limits, and subject to the other terms and conditions hereof, the Borrowers' ability to obtain Letters of Credit shall be fully revolving, and, accordingly, the Borrowers may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit which have expired or which have been drawn upon and reimbursed. The Agent will determine the Dollar Equivalent amount of the L/C Obligations with respect to any Letter of Credit when issued, when drawn upon and unless the Agent ...