Amendment to Section 5.10 Sample Clauses

Amendment to Section 5.10. Section 5.10 of the Contribution Agreement is hereby amended by (A) making the existing Section 5.10 subparagraph (a), (B) amending the references in existing Section 5.10 to “Section 5.10” to read “Section 5.10(a)” and (C) adding the following sentence at the end of that subsection: “Notwithstanding anything herein to the contrary, nothing in this Section 5.10 shall restrict or prevent any Contributor Party from soliciting for employment or hiring any employees associated with the Cylinder Exchange Business or Messrs. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ or ▇▇▇▇ ▇▇▇▇▇▇ as contemplated by Section 5.29(e).” Also, Section 5.10 is hereby further amended by adding the following subparagraph (b):

Amendment to Section 5.10. Section 5.10 of the EmCare Stock Purchase Agreement is hereby amended by deleting and replacing all references to “Closing Date” with “Actual Closing Date”.

Amendment to Section 5.10. The proviso appearing at the end of the first sentence of Section 5.10 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: provided that neither Newco LLC nor any Domestic Subsidiary formed in connection with the Indiana Project or the Florida Project, to the extent becoming a Guarantor would violate applicable law or such Subsidiary’s organizational documents or the relevant financing documentation (to the extent otherwise permitted hereunder), shall be required to become a Guarantor.

Amendment to Section 5.10. Section 5.10 of the AMR Stock Purchase Agreement is hereby amended and restated in its entirety as follows:

Amendment to Section 5.10. Section 5.10 of the Credit Agreement is amended by deleting paragraphs (b) and (c) of Section 5.10 in their entirety and relabeling the current paragraph (d) of Section 5.10 as paragraph (b).

Amendment to Section 5.10. Upon and as of the Effective Date, Section 5.10 of the Loan Agreement shall be amended to read in its entirety as follows: The Borrower each Guarantor (a) has an indefeasible interest in all personal property which it has an interest, free and clear of any Liens, except Permitted Liens, and (b) has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its property whether now owned or hereafter acquired to be subject to a Lien, except Permitted Liens and agreements contained under the GECC Loan Documents. Neither Borrower nor any Guarantor owns any real property.

Amendment to Section 5.10. Section 5.10 of the Agreement is hereby amended in its entirety to read as follows:

Amendment to Section 5.10. Section 5.10 of the Existing Credit Agreement is amended in its entirety to read as follows: (a) Except as could not reasonably be expected to have a Material Adverse Effect: (i) each Plan is in compliance in all material respects with the applicable provisions of ERISA, the Code and other Federal or state laws and (ii) each Plan that is intended to qualify under Section 401(a) of the Code has received a favorable determination letter from the IRS or an application for such a letter is currently being processed by the IRS with respect thereto and, to the best knowledge of the Parent, nothing has occurred which would prevent, or cause the loss of, such qualification. The Parent and each ERISA Affiliate have made all required contributions to each Plan subject to Section 412 of the Code, and no application for a funding waiver or an extension of any amortization period pursuant to Section 412 of the Code has been made with respect to any Plan. (b) There are no pending or, to the best knowledge of the Parent, threatened claims, actions or lawsuits, or action by any Governmental Authority, with respect to any Plan that could reasonably be expected to have a Material Adverse Effect. There has been no prohibited transaction or violation of the fiduciary responsibility rules with respect to any Plan that has resulted or could reasonably be expected to result in a Material Adverse Effect. (i) No ERISA Event has occurred or is reasonably expected to occur that could reasonably be expected to have a Material Adverse Effect; (ii) neither the Parent nor any ERISA Affiliate has incurred, or reasonably expects to incur, any material liability under Title IV of ERISA with respect to any Pension Plan (other than (x) premiums due and not delinquent under Section 4007 of ERISA and (y) required contributions thereto); (iii) no Credit Party nor any ERISA Affiliate has incurred, or reasonably expects to incur, any material liability (and no event has occurred which, with the giving of notice under Section 4219 of ERISA, would result in material liability) under Sections 4201 or 4243 of ERISA with respect to a Multiemployer Plan; and (iv) no Credit Party nor any ERISA Affiliate has engaged in a transaction that could be subject to Sections 4069 or 4212(c) of ERISA. (d) With respect to any Foreign Benefit Plan, (i) except as could not reasonably be expected to have a Material Adverse Effect, each Foreign Benefit Plan is in compliance in all material respects with applicable law,...

Amendment to Section 5.10. Section 5.10 of the Credit Agreement is hereby amended to restate paragraph (a) in its entirety as follows: (a) If any Domestic Subsidiary (other than an Excluded Subsidiary, subject to paragraph (b) below) is formed or acquired after the Effective Date or any Excluded Subsidiary ceases to be an Excluded Subsidiary, the Borrower will, within ten (10) Business Days, notify the Administrative Agent and the Lenders thereof and, promptly but in no event later than forty-five (45) Business Days after such formation or acquisition, cause such Subsidiary to execute a Guarantee Agreement.”