Amendment to Definition of Consolidated Net Income. The definition of the term “Consolidated Net Income” set forth in Section 1.02 of the Credit Agreement shall be amended by inserting the following proviso immediately before the period at the end of such definition: provided, further, that, (i) solely with respect to amounts constituting revenue actually received in cash by the Borrower and its Consolidated Subsidiaries in respect of the operation of the Oscar Assets pursuant to the Topaz Agreements (as in effect on the Fourth Amendment Effective Date) and which cash receipts would otherwise not be included in calculating “Consolidated Net Income” due to requirements that such revenues be recognized over the life of transportation contracts pursuant to GAAP, such amounts shall be included, without duplication, in calculating “Consolidated Net Income” at the time of receipt by the Borrower and its Consolidated Subsidiaries notwithstanding, and in lieu of when recognized as net income by, such revenue recognition requirements under GAAP, and (ii) solely with respect to the fiscal quarter ending March 31, 2014, Consolidated Net Income for such fiscal quarter shall be adjusted by adding up to $1,241,000 thereto in respect of purchase price adjustments in connection with the Oscar Acquisition resulting from certain demand fees prepaid prior to the closing thereof, solely to the extent such adjustments reduce the aggregate consideration paid by Nueces Pipelines for the Oscar Assets at such closing.
Amendment to Definition of Consolidated Net Income. Section 1.01 of the Credit Agreement shall be amended by deleting the phrase “, except to the extent of the amount of dividends or distributions actually paid in cash during such period by such other Person to the Borrower or to any other Loan Party, as the case may be” appearing at the end of clause (a) of the definition of the term “Consolidated Net Income” set forth in such section.
Amendment to Definition of Consolidated Net Income. The definition of “Consolidated Net Income” contained in Section 1.01 of the Indenture is hereby amended such that clause (5) of such definition is amended and restated as follows:
Amendment to Definition of Consolidated Net Income. The definition of Consolidated Net Income set forth in Section 1.1 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Definition of Consolidated Net Income. The definition of the term Consolidated Net Income set forth in Section 1.1. of the Credit Agreement is hereby amended by adding the following sentence to the end thereof: “In calculating Consolidated Net Income for purposes of determining EBITDA (i) with respect to any financial covenant (including any financial covenant set forth in Section 11.14) for any testing period, or as of any testing date, ending on or after March 31, 2010 and (ii) determining Excess Cash Flow for the Fiscal Year of the Parent and its Subsidiaries ending June 30, 2010, any income or gain with respect to the Technotrans Litigation Recovery shall be excluded.
Amendment to Definition of Consolidated Net Income. The definition of Consolidated Net Income in Section 1.01 of the Indenture is hereby amended to read as follows (strike-through indicates text to be deleted and underline indicates text to be added):
