Amendment to Section 5.3. Section 5.3 is amended by adding new Section 5.3(aa) after Section 5.3(a) to read as follows: (aa) within thirty (30) days after the end of each calendar month period of each fiscal year of Borrower, statements of income (loss) and cash-flows of the Borrower for the month and fiscal year to date periods, and including a variance analysis of actual Consolidated EBITDA to the budget forecast, an analysis of the performance of each major business unit and such other information as reasonable requested by Agent, all prepared on a Consolidated and consolidating basis, in accordance with GAAP, and in form and detail satisfactory to the Banks and certified by a Financial Officer of Borrower;
Amendment to Section 5.3. Section 5.3 is hereby amended to add Camden Summit Partnership, L.P. after Camden Realty, Inc in the first sentence thereof and to delete in its entirety the second sentence and to replace it with the following: Borrower will promptly notify Administrative Agent of the formation of any material new Consolidated Subsidiary and all assets owned or to be owned by such Consolidated Subsidiary (and, in any event, will disclose with the quarterly financial information provided to Administrative Agent, all Consolidated Subsidiaries formed during the fiscal quarter then ending) and shall cause each such Consolidated Subsidiary, as soon as practically possible, to execute and deliver to Administrative Agent for the benefit of Lenders a Guaranty Agreement (substantially in the form of Exhibit F) and a Contribution Agreement in the form of Exhibit G (or supplement thereto).
Amendment to Section 5.3. Section 5.3 of the Agreement is hereby amended by replacing the section in its entirety with the following language: 5.3Transition Services Agreement. Subject to the applicable provisions of the Transition Services Agreement between Conexant and Company, dated March 12, 2002, shipping and handling of finished Wafers will be in accordance with Exhibit G (Delivery and Logistics).
Amendment to Section 5.3. Section 5.3 of the Existing Credit Agreement is hereby amended by adding the following at the end thereof: “The Company shall be deemed to have furnished such information, document or report to each Bank when it is filed with the Securities and Exchange Commission and posted on its EDGAR system.”.
Amendment to Section 5.3. Section 5.3 of the NPA is amended by replacing such Section 5.3 in its entirety with the following:
Amendment to Section 5.3. Section 5.3 of the Credit Agreement is hereby amended by replacing such Section 5.3 in its entirety with the following: Section 5.3 Minimum Consolidated Fixed Charge Coverage Ratio. TPR shall not have, on the last day of each Fiscal Quarter set forth below, commencing with the Fiscal Quarter ending on March 31, 2013 a Consolidated Fixed Charge Coverage Ratio for the four Fiscal Quarter period ending on such day less than the following: