Specific Amendments to Credit Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows:
(a) The Credit Agreement is amended by adding the following definitions to Section 1.01 thereof in the appropriate alphabetical location:
Specific Amendments to Credit Agreement. The Credit Agreement is hereby amended as follows:
(i) The following defined terms are hereby added to Section 1.02 of the Credit Agreement in the proper alphabetical order:
Specific Amendments to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) The Credit Agreement is amended by restating the definition of “LIBOR” set forth in Section 1.1. thereof in its entirety as follows:
Specific Amendments to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) The Credit Agreement is amended by restating in full the definitions of “Capitalization Rate”, “Capitalized Value”, “LC Commitment Amount” and “Value” contained Section 1.1 as follows:
Specific Amendments to Credit Agreement. Article I of the Credit Agreement is hereby amended by revising the following defined terms in their entirety to read as follows:
Specific Amendments to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) Section 4.3(c) (Financial Statements) of the Credit Agreement is hereby amended by adding a new clause (iii) to the end of the paragraph as follows: WBD (US) 46876899v6 “and (iii) during any period in which the Senior Funded Debt to EBITDA Ratio is not tested under Section 4.9(b) of this Agreement, setting forth the information and computations (in sufficient detail) to establish a separate calculation of the Senior Funded Debt to EBITDA Ratio for purposes of calculating the Applicable Margin (as that term is defined in the Line of Credit Note);”
(b) Section 4.9(a) (Financial Condition) of the Credit Agreement is hereby (i) amended by deleting reference to “1.0 to 1.0 at any time” and replacing it with “1.25 to 1.0 at any time, as evidenced from the Seventh Amendment Effective Date through the fiscal quarter ending April 30, 2020 by a monthly compliance certificate signed by an authorized financial officer of the Borrower to be delivered to Bank no later than 30 days after each calendar month” and (ii) further amended by adding a final sentence as follows: “Notwithstanding the foregoing, the terms and conditions of this Section 4.9(a) may be revised from time to time by the Bank in the Bank’s reasonable discretion to address the results of any field examination performed by (or on behalf of) the Bank from time to time after the Closing Date”.
(c) Section 4.9(b) (Financial Condition) of the Credit Agreement is hereby amended by deleting the first sentence in its entirety and replacing it as follows:
(i) Senior Funded Debt to EBITDA Ratio not greater than 2.50 to 1.00 at any time, calculated as of each fiscal quarter end, commencing with the fiscal quarter ending April 30, 2020, determined on a rolling 4-quarter basis.
(d) Section 4.9(c) (Financial Condition) of the Credit Agreement is hereby amended by deleting the first sentence in its entirety and replacing it as follows:
(i) Fixed Charge Coverage Ratio not less than 1.30 to 1.0 as of each fiscal quarter end, commencing with the fiscal quarter ending October 31, 2019, determined (i) on a quarterly basis for the fiscal quarter ending October 31, 2019, (ii) on a rolling 2-quarter basis for the fiscal quarter ending January 31, 2020, and (iii) on a rolling 4-quarter basis commencing with the fiscal quarter ending April 30, 2020 until the Termination Date.
(e) Section 4.9 (Financial Condition) of the Credit Agreement is hereby amend...
Specific Amendments to Credit Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Credit Agreement shall be amended as follows:
(a) The Credit Agreement is amended by replacing the table in clause (a) of the definition of “Applicable Margin” contained in Section 1.01 thereof in its entirety with the following: Level Ratio of Total Outstanding Indebtedness to Capitalization Value Applicable Margin for LIBOR Loans Applicable Margin for Base Rate Loans 2 > 0.35 to 1.00 but < 0.40 to 1.00 1.100% 0.100% 3 > 0.40 to 1.00 but < 0.45 to 1.00 1.150% 0.150% 4 > 0.45 to 1.00 but < 0.50 to 1.00 1.250% 0.250% 5 > 0.50 to 1.00 but < 0.55 to 1.00 1.300% 0.300% 6 > 0.55 to 1.00 1.500% 0.500%
(b) The Credit Agreement is further amended by replacing the table in clause (b) of the definition of “Applicable Margin” contained in Section 1.01 thereof in its entirety with the following: Level Credit Rating (S&P/Xxxxx’x/Fitch) Applicable Margin for LIBOR Loans Applicable Margin for Base Rate Loans
(c) The Credit Agreement is further amended by replacing the table in clause (a) of the definition of “Facility Fee” contained in Section 1.01 thereof in its entirety with the following:
Specific Amendments to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) Section 1.1(a)(i) (Line of Credit) of the Credit Agreement is hereby amended by deleting the reference to “May 1, 2018’’ and replacing it with a reference to “March 1, 2021 (the “Expiration Date”)”.
(b) The Credit Agreement is hereby amended by adding a new Section 1.3(e) (Unused Fee) in appropriate numerical order therein as follows:
Specific Amendments to Credit Agreement. The parties hereto agree that the Credit Agreement is amended effective as of January 13, 2012, by deleting the word “and” at the end of Section 9.2(e), replacing the “.” at the end of Section 9.2(f) with “; and” and adding the following new subsection (g) immediately following Section 9.2(f):
Specific Amendments to Credit Agreement. The parties hereto agree that the Credit Agreement is amended as follows:
(a) The definition of “Capitalization Rate” is restated in its entirety as follows: