Amendments to Financing Agreement Sample Clauses

Amendments to Financing Agreement. Subject to the satisfaction of the conditions of this Amendment, the Financing Agreement is hereby amended as follows:

Amendments to Financing Agreement. Subject to the satisfaction of the conditions precedent specified in Section 6, the Financing Agreement is hereby amended by: a. amending Section 1.01 thereof by amending and restating the definition of “Fifth Amendment Fee Letter” therein as follows:

Amendments to Financing Agreement. The Financing Agreement is hereby amended as follows:

Amendments to Financing Agreement. Subject to the terms and conditions of this Amendment, including the satisfaction of the conditions precedent set forth in Section 2 hereof, the Financing Agreement is amended as follows: (a) The definition of “Maximum Commitment” set forth in Section 1.1 of the Financing Agreement is hereby amended by deleting such definition in its entirety and substituting the following therefor:

Amendments to Financing Agreement. Effective as of the date hereof, upon satisfaction of the conditions precedent set forth in Section 4 below, and in reliance upon the representations and warranties of each Loan Party set forth herein and in each of the Loan Documents, the Financing Agreement is hereby amended as follows: 3.1. Section 1.01 of the Financing Agreement is hereby amended by inserting the following defined terms therein in the appropriate alphabetical order:

Amendments to Financing Agreement. Upon satisfaction of the conditions to effectiveness set forth in Section 3 below, the Financing Agreement is hereby amended as follows: (a) Section 1.01 of the Financing Agreement is hereby amended by adding the following definitions in the correct alphabetical order as follows:

Amendments to Financing Agreement. (a) Section 1 of the Financing Agreement is hereby amended by adding the following definition in such Section:

Amendments to Financing Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows: (a) Sub-clause (a) of Paragraph 7.10 of Section 7 of the Financing Agreement is hereby amended to read in its entirety as set forth below: (a) maintain at the end of each Fiscal Quarter ending below a Tangible Net Worth of not less than the amount set forth below for the applicable period: FISCAL QUARTER TANGIBLE NET WORTH ---------------------------------- ------------------ December 31, 2003 $ 8,000,000 March 31, 2004 $11,000,000 June 30, 2004 $12,000,000 September 30, 2004 $13,000,000 December 31, 2004 $12,000,000 March 31, 2005 $14,000,000 June 30, 2005 $12,400,000 September 30, 2005 $15,750,000 December 31, 2005 $14,000,000 March 31, 2006 $15,000,000 June 30, 2006 $13,500,000 September 30, 2006 and each fiscal quarter ended thereafter $17,500,000" (b) Sub-clause (f) of Paragraph 7.10 of Section 7 of the Financing Agreement is hereby amended to read in its entirety as set forth below: (c) maintain EBITDA of at least the amounts set forth below for any rolling twelve (12) month period ending on the last day of each Fiscal Quarter set forth below: FISCAL QUARTER EBITDA ------------------ ----------- September 30, 2005 $(1,000,000) December 31, 2005 $(4,800,000) March 30, 2006 $(5,100,000) June 30, 2006 $(3,100,000)

Amendments to Financing Agreement. (a) Section 1.01 of the Financing Agreement is hereby amended by adding the following definitions in proper alphabetical order, or by amending and restating the following definitions, as the case may be:

Amendments to Financing Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows: (a) Section 1.1 of the Financing Agreement is hereby amended by inserting a definition for the new term “Net Equity Raised and Retained”, in its appropriate alphabetical order, to provide as follows: Net Equity Raised and Retained shall mean an amount equal to (a) 100% of the net cash proceeds from the sale of equity securities by Parent at any time during the period from November 1, 2009 through the Termination Date minus (b) any Permitted Distributions during the period from the date such equity securities are issued through the date of the applicable acquisition and minus (c) any “net cash losses” sustained by Parent and its Subsidiaries during the period from the date such equity securities are issued through the date of the applicable acquisition. For purposes of this definition, “net cash losses” shall mean (x) all earnings of Parent and its Subsidiaries on a consolidated basis for such period before depreciation and amortization expenses minus (y) Capital Expenditures during such period. (b) Section 1.1 of the Financing Agreement is hereby further amended by restating the definitions of the terms “Applicable Margin”, “Commitment”, “Line of Credit”, “Line of Credit Fee”, “Revolving Line of Credit”, “Supplemental Amount” and “Termination Date” to provide as follows: Applicable Margin shall mean, with respect to (a) the Revolving Loans, plus 0.50% for Chase Bank Rate Loans and 2.75% for LIBOR Loans, (b) standby Letters of Credit, 1.50%, (c) documentary Letters of Credit, 0.125%, or (d) Bankers Acceptances, the discount rate of JPMorgan Chase Bank, N.A. plus 2.50%. Commitment shall mean, as to each Lender, the amount of the Commitment for such Lender set forth (a) on the signature page to this Financing Agreement, (b) in the Assignment and Transfer Agreement to which such Lender is a party, or (c) on the signature page to any amendment to this Agreement executed by all Lenders, as such amount may be reduced or increased in accordance with the provisions of Section 13.4(b) or any other applicable provision of this Financing Agreement.