Amendment to Financing Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows:
Amendment to Financing Agreement. The Financing Agreement is amended, effective as of the date of this Agreement, as follows:
Amendment to Financing Agreement. Section 2.01(b)(iv) of the Financing Agreement is hereby amended and restated in its entirety to read as follows: "The aggregate principal amount of the Loans and Letter of Credit Obligations shall not at any time exceed (A) an amount equal to (x) three and one quarter (3.25) multiplied by (y) the Consolidated EBITDA of the Parent and its Subsidiaries for the most recently completed twelve months after giving effect, if any, to the pro forma adjustments set forth in Schedule 2.01(b)(iv) or (B) the maximum principal amount of Indebtedness which is permitted to be incurred by the Parent and its Subsidiaries under clause (i) of the second paragraph of Section 4.09 of the Indenture less all outstanding Capital Lease Obligations (as defined in the Indenture) incurred under such clause (i), provided, however, that solely for the period commencing on May 1, 2005 and ending on July 25, 2005, the aggregate principal amount of the Loans and Letter of Credit Obligations shall not at the end of any Business Day exceed (A) an amount equal to (x) four (4.00) multiplied by (y) the Consolidated EBITDA of the Parent and its Subsidiaries for the most recently completed twelve months after giving effect, if any, to the pro forma adjustments set forth in Schedule 2.01(b)(iv) or (B) the maximum principal amount of Indebtedness which is permitted to be incurred by the Parent and its Subsidiaries under clause (i) of the second paragraph of Section 4.09 of the Indenture less all outstanding Capital Lease Obligations (as defined in the Indenture) incurred under such clause (i)."
Amendment to Financing Agreement. Section 7.11(b) of the Financing Agreement is hereby amended and restated in its entirety to read as follows:
Amendment 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:
Amendment to Financing Agreement. Subject to the satisfaction of the conditions precedent specified in Section 4 below, the following amendments shall be incorporated into the Financing Agreement effective as of the date hereof:
Amendment to Financing Agreement. Bank shall have received an original counterpart of this Second Amendment to Financing Agreement executed and delivered by a duly authorized officer of Borrower.
Amendment to Financing Agreement. The second paragraph of Section 20
Amendment to Financing Agreement. Bank shall have received an original counterpart of this Third Amendment to Financing Agreement executed and delivered by a duly authorized officer of Borrower.
Amendment to Financing Agreement. Section 1.01 of the Financing Agreement is hereby amended by deleting the text “$75,000,000” appearing in the definition of “Qualified IPO” and replacing it with “$70,000,000”.
