Amendment to Section 9.01(a). Section 9.01(a) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 9.01(a). Section 9.01(a) is hereby amended by deleting such Section in its entirety and replacing it with the following:
Amendment to Section 9.01(a). Section 9.01(a) of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 9.01(a). The parenthetical in Section 9.01(a) is hereby amended to read as follows: (excluding the Preferred Stock and the Series B Preferred Stock)
Amendment to Section 9.01(a). Section 9.01(a) of the Existing Credit Agreement is hereby amended by replacing the words “equal to or less than 1.00 to 1.00” with “equal to or less than (x) up to and including December 31, 2018, 0.85 to 1.00 and (y) thereafter, 1.00 to 1.00”.
Amendment to Section 9.01(a). Section 9.01(a) of the Merger Agreement is hereby amended by replacing the reference to "December 31, 2005" with "January 3, 2006."
Amendment to Section 9.01(a). Section 9.01(a) is hereby amended by deleting the ratio grid in such Section in its entirety and replacing it with the following ratio grid: Fiscal Quarter Ending Ratio September 30, 2015 through December 31, 2016 4.75 to 1.00 March 31, 2017 through December 31, 2017 4.375 to 1.00 March 31, 2018 and thereafter 4.00 to 1.00
Amendment to Section 9.01(a). Section 9.01(a) of the Financing Agreement is hereby amended by adding the following new proviso at the end thereof: “provided, however, that any failure to make a mandatory pre-payment due under Section 3 of the Eighth Amendment shall not constitute an Event of Default under this Section 9.01(a) but instead shall be treated for all purposes as a covenant default to which Section 9.01(d) shall be applicable, such that, for avoidance of doubt, the fifteen day cure period afforded to Borrower under Section 9.01(d) shall apply.”
Amendment to Section 9.01(a). The table in Section 9.01(a) is hereby restated in its entirety to read as follows: Interest Coverage Ratio Quarters ending June 30, 2015 and September 30, 2015 2.50 to 1.00. Quarter ending December 31, 2015 1.75 to 1.00. Quarters ending March 31, 2016 and June 30, 2016 1.50 to 1.00. Quarter ending September 30, 2016 1.15 to 1.00. Quarters ending December 31, 2016 and March 31, 2017 1.00 to 1.00. Quarter ending June 30, 2017 1.20 to 1.00. Quarters ending September 30, 2017 (and thereafter) 2.50 to 1.00. [SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT]
Amendment to Section 9.01(a). Section 9.01(a) is hereby amended by replacing the reference to “4.00 to 1.00” therein with “3.50 to 1.00”.
