Supplement to Indenture. Article Ten of the Indenture is hereby supplemented by the addition of the following covenant in a new Section 10.8A as follows:
Supplement to Indenture. Pursuant to Section 8.02 of the Indenture, the Indenture is hereby supplemented as follows:
2.1. AMENDMENT TO SECTION 1.01(a). The definition of "CONSOLIDATED NET INCOME" set forth in Section 1.01(a) of the Indenture is hereby amended to read in its entirety as follows:
Supplement to Indenture. This Second Supplement to Indenture is dated as of November 22, 2000 by and among Xxxxx Nurseries, Inc., a California corporation formerly known as Xxxxx Horticulture, Inc. (the "Company"), Xxxxx Horticulture, Inc., a Delaware corporation that is the successor by merger to Xxxxx Holdings, Inc. ("Parent"), Sun Gro Horticulture Inc., a Nevada corporation ("Sun Gro-U.S."), Enviro-Safe Laboratories, Inc., a Florida corporation ("Enviro-Safe" and together with Sun Gro-U.S. and Parent, the "Guarantors"), and The Bank of New York, a New York banking corporation (the "Successor Trustee"), as successor Trustee to IBJ Xxxxxxxx Bank & Trust Company (the "Original Trustee") with respect to the Company's 11 3/4% Senior Subordinated Notes due 2005 and Series B 11 3/4% Senior Subordinated Notes due 2005 (the "Second Supplement"). Capitalized terms used but not otherwise defined in this Second Supplement shall have the meanings ascribed to such terms in the Indenture as amended and supplemented from time to time in accordance with its terms.
Supplement to Indenture. This Second Supplement to Indenture is dated as of June 2, 2004 (the “Second Supplement”), by and among Navistar International Corporation, a Delaware corporation (the “Company”), International Truck and Engine Corporation, a Delaware corporation (“ITEC”), as Guarantor, and BNY Midwest Trust Company, an Illinois banking corporation, as trustee (the “Trustee”). Capitalized terms used but not defined in this Second Supplement shall have the meanings ascribed to such terms in the Indenture (hereinafter defined).
Supplement to Indenture. (a) Clause (ii) of the definition of "Permitted Indebtedness" in the Indenture is hereby amended and restated as follows:
(ii) Indebtedness incurred pursuant to the Credit Agreement in an aggregate principal amount at any time outstanding not to exceed the greater of (a) $70,000,000 in the aggregate with respect to Indebtedness under the Credit Agreement, less the amount of all permanent prepayment of Indebtedness under the Credit Agreement actually made with the proceeds of an Asset Sale, or (b) the Borrowing Base;"
Supplement to Indenture
