Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended as follows:
Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions therein in proper alphabetical order:
Amendment to Section 1.1 of the Credit Agreement. Section 11 of the Credit Agreement is hereby amended as follows:
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by replacing the definition of “Eligible Finished Goods Inventory” in its entirety with the following:
Amendment to Section 1.1 of the Credit Agreement. Section 11 of the Credit Agreement is hereby amended by deleting clause (k) in its entirety and replacing it with the following:
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by replacing the definition of “Borrowing Base Certificate” in its entirety with the following:
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by adding a new definition for the term “Sales and Use Tax Refund Claim” in its proper alphabetical order, as follows:
Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended by amending and restating the second sentence of the definition of “Consolidated Adjusted EBITDA” to read in full as follows: Notwithstanding the foregoing, (v) Consolidated Adjusted EBITDA shall be adjusted as set forth in Section 6.8(e) for all purposes under this Agreement other than for purposes of calculating Consolidated Excess Cash Flow, (w) for all purposes other than for purposes of calculating Consolidated Excess Cash Flow, any calculation of Consolidated Adjusted EBITDA from and after the closing date of the SunTrust Leaseback shall include an adjustment reducing Consolidated Adjusted EBITDA by the “run rate” additional cash rent expense that would have accrued during the relevant period if the SunTrust Leaseback was closed at the beginning of such period, (x) for all purposes other than for purposes of calculating Consolidated Excess Cash Flow, any calculation of Consolidated Adjusted EBITDA from and after the closing date of the Marina Xxxx Leaseback shall include an adjustment reducing Consolidated Adjusted EBITDA by the “run rate” additional cash rent expense that would have accrued during the relevant period if the Marina Xxxx Leaseback was closed at the beginning of such period, (y) for all purposes, Consolidated Adjusted EBITDA attributable to SSAO shall be reduced by a percentage equal to the percentage interest that the Xxxx Stock represents in SSAO and (z) for all purposes, Consolidated Adjusted EBITDA attributable to BAO shall be reduced by a percentage equal to the percentage interest that the BMI Stock represents in BAO.
Amendment to Section 1.1 of the Credit Agreement. Section 11 of the Credit Agreement is hereby amended by deleting Section 11.4 in its entirety and substituting the following new Section 11.4 in proper numerical order in lieu thereof:
Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended by deleting the definitions of “Borrowing Base Equipment”, “Borrowing Base Report”, “Designated Reserve” and “Determined Value” in their entirety and substituting the following new definitions in proper alphabetical order in lieu thereof: “Borrowing Base Equipment. Motor Vehicle Equipment in which any of the Borrowers or any of their Subsidiaries has title and in which the Administrative Agent has a first priority perfected lien and security interest. Borrowing Base Equipment may consist of used Motor Vehicle Equipment provided that (a) each used tractor which becomes Borrowing Base Equipment is and continues to be qualified under the terms of a manufacturer’s guaranteed residual program or, in the alternative, is and continues to be deemed, in the Administrative Agent’s reasonable discretion, roadworthy and generates revenue for any Borrower or Subsidiary on a current basis, and (b) each used trailer which becomes Borrowing Base Equipment is and continues to be deemed, in the Administrative Agent’s reasonable discretion, roadworthy and generates revenue for any Borrower or Subsidiary on a current basis. Any tractor which constitutes Borrowing Base Equipment that ceases to operate and generate revenue for any Borrower or Subsidiary for a period of three (3) or more consecutive days without repair shall cease to constitute Borrowing Base Equipment until such time as such tractor has resumed operations and generates revenue for such Borrower or such Subsidiary on a current basis.
