Amendment to Section 6.17. Section 6.17 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 6.17. Section 6.17 of the Credit Agreement is hereby amended by replacing the covenant levels as follows: Fiscal Quarter Maximum Total Leverage Ratio Fiscal quarters ending December 31, 2010, March 31, 2011, June 30, 2011 and September 30, 2011 5.00 to 1.00 Fiscal quarter ending December 31, 2011 4.75 to 1.00 Fiscal quarter ending March 31, 2012 3.75 to 1.00 Fiscal quarters ending June 30, 2012 and September 30, 2012 3.50 to 1.00 Fiscal quarters ending December 31, 2012, March 31, 2013, June 30, 2013 and September 30, 2013 3.25 to 1.00 Fiscal quarter ending December 31, 2013 and thereafter 3.00 to 1.00
Amendment to Section 6.17. Section 6.17 of the Original Agreement is hereby amended and restated as follows: At a time following the Closing reasonably agreed to in good faith by Purchaser and Xxxxxx, Purchaser shall inspect the spin lathe transferred to the Purchaser and located at Sellers’ Brownsville, Texas facility and related assorted equipment located at Sellers’ other facilities (collectively, the “Brownsville Spin Lathe”) to determine whether such equipment is in good working order and possesses the same production capabilities (including quality and quantity) with respect to products currently produced for the Business as currently possessed by the spin lathe located in Reynosa, Mexico (the “Reynosa Spin Lathe”). In the event that the Brownsville Spin Lathe is not in good working order or is missing any component parts or equipment, Sellers shall reimburse Purchaser for the costs to repair the Brownsville Spin Lathe or purchase such missing component parts or equipment, to the extent such costs exceed $10,000 (except with respect to any costs related to missing parts). In the event that the Brownsville Spin Lathe does not possess the production capabilities (including quality and quantity) with respect to products currently produced for the Business as currently possessed by the Reynosa Spin Lathe, Sellers, at their discretion, shall either (i) make such capital expenditures to the Brownsville Spin Lathe (including the purchase of additional equipment) to conform the Brownsville Spin Lathe to substantially the same production capabilities (including quality and quantity) relating to products produced for the Business as the Reynosa Spin Lathe; or (ii) replace the Brownsville Spin Lathe with a spin lathe in good working order that is capable of producing products currently produced by the Business in substantially the same quantity and quality produced by the Reynosa Spin Lathe for the Business (collectively, the “Lathe Operational Actions”), until such time as Sellers have fulfilled the Lathe Operational Actions, Sellers shall provide to Purchaser at the cost incurred by Sellers to produce, product of the same quality and quantity as currently produced for the Business by the Reynosa Spin Lathe; provided, further, that notwithstanding the foregoing, in the event that the Lathe Operational Actions are not completed within 90 days from Closing Date (the “Targeted Completion Date”), Sellers shall, at the election of the Purchaser, continue to provide such products on the terms...
Amendment to Section 6.17. Section 6.17 of the Existing Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 6.17. Section 6.17 of the Credit Agreement is hereby amended by deleting the clause “The Loan Parties and their respective Subsidiaries have all material Permits,” with “Except as set forth on Schedule 6.17, the Loan Parties and their respective Subsidiaries have all material Permits,”
Amendment to Section 6.17. A. Section 6.17 of the Credit Agreement is hereby amended by replacing the phrase “Capita International LLC shall not” appearing therein with the phrase: “Neither Capita International LLC nor CIT Group SF Holding Co., Inc. shall”
Amendment to Section 6.17. Section 6.17 of the Loan Agreement is hereby amended and restated in its entirety to provide as follows:
Amendment to Section 6.17. Section 6.17 of the Credit Agreement is amended by adding new clauses (d) and (e) which shall read in full as follows:
