Addition of Sample Clauses

Addition of. SECTION 10.2(e). The Note Agreement is hereby amended by adding new section 10.2(e) immediately following section 10.2

Addition of. New Section 5(g). There are two Sections S(f) in the Agreemenl The first Section 5(f) related to Volume Rebate is deleted in its enUrety and replaced with the followin.9 new Sect{on 5(g): "(gl Provided tllat no event has occ;urre(I Which would allow Bank to terminate tills Agreement under Section 15(b), Bank will pay to Retailer: 2.4 Agreement; Adi:Utlon of Section 5(h). The following new S�ction �(h) is hereby added to the "{h) [***] "Marketing Fund" means a recol1! maintained by Bank that is used to. fu,nd the mutually agreed· upon cqsts and expenses of implemenUn.9 the mutually agreed upon marketing plans fc;,r thl;l Program, Including agreed upon costs incurred by Bank and Retailer. Bank will reimburse Retailer for mutually .agr�ed u·p on, out of pocket, marketing e�penses witbin 30 days of receipt ofan invoice meeting Bank's reasonable requirements. Exceptfor the right to require Bank to rnake payments from such fund frc,m time to time in accordance with thls Agreemen� ▇▇▇▇ ▇▇▇▇ shall have no right, title or interest in or to.the .Marketing F ufid or In ·or to any amounts which have been alocated �hereto. hly amounts previously allocated to the Ma•ketinQ. Fund but not _used ·as of [***].

Addition of. A NEW SUBSECTION 3.1(A-1) TO THE LOAN AGREEMENT. A new SUBSECTION 3.1(A- 1), INTEREST RATE REDUCTION is hereby added to the Loan Agreement, to read in its entirety as follows: "(A-1)INTEREST RATE REDUCTION. So long as no Default or Event of Default has occurred and is continuing, in the event that the ratio of (i) the Consolidated net earnings before provision for income taxes and interest expense, and excluding any non-cash charges associated with the reorganization of Borrower's facilities ("READJUSTED EBIT") of Parent and its Subsidiaries for the calendar year ending December 31, 1997, to (ii) the Consolidated pro forma interest expense of Parent and its Subsidiaries for such calendar year and prepared on the same pro forma basis, is equal to or greater than 1.4 to 1.0, as reflected in pro forma Consolidated financial statements of Parent and its Subsidiaries prepared by Parent and verified by Agent's auditors, and approved by Agent, which approval shall not be unreasonably withheld, then the Applicable Annual Rate as to Eurodollar Revolving Credit Loans shall be reduced to the rate per annum equal to one and one-half percent (1.50%) above the Eurodollar Base Rate for the Eurodollar Interest Period applicable thereto. Readjusted EBIT and the calculation of interest expense shall be prepared on a pro forma basis consistent with the calculation of Adjusted EBITDA (other than calculations made to add back depreciation and amortization in connection with the calculation of EBITDA) as reflected in the supplemental financial data included in footnote (9) to the pro forma combined statement of operations of Parent, its Consolidated Subsidiaries (including Brazos), Plymouth, Sun Sportswear, Morning Sun and Premier included at page 29 in the Offering Memorandum dated June 26, 1997, which was prepared by Parent in connection with the offer and sale of the Parent Senior Notes. A copy of such Offering Memorandum has been previously provided to each of the Lenders. Notwithstanding anything herein to the contrary, the calculation of Readjusted EBIT shall only include cost reductions that have been actually implemented and are verifiable. The calculation of Readjusted EBIT will not include any pro forma adjustment for the results of operations of Crable prior to the closing of the Crable Asset Acquisition. Th▇ ▇▇▇▇ulation of pro forma interest ▇▇▇▇▇se will not include any adjustment related to the period prior to such for debt incurred in connection with the Crable As...

Addition of. Article Thirteen to the Indenture (Additional Amounts). The Indenture is hereby amended in respect of the Notes and only in respect of the Notes by adding the following thereto:

Addition of. “Bail-In” Contractual Recognition Provision. Article XI of the Credit Agreement by adding a new Section 11.24 immediately after existing Section 11.23 of such article to read in full as follows:

Addition of. SECTION 10.1.13 (EXCESS PAYMENT TO PBGC). A new Section 10.1.13 is added to read as follows:

Addition of. “A” bases to the 3’ end of DNA fragments

Addition of a New Section 6.9: