Amendments of Credit Agreement Sample Clauses
Amendments of Credit Agreement. The Credit Agreement is hereby amended by:
(a) inserting the following new clause (a)(v) in the definition of “Consolidated EBITDA” in the appropriate numerical order and re-numbering the existing clause (a)(v) as clause (a)(vi):
(v) to the extent not otherwise permitted to be capitalized, non-recurring costs and expenses for inspection, repairs, testing and monitoring until June 30, 2014 in connection with the Borrower’s acquisition of pipeline assets pursuant to the Chevron Acquisition Agreement and”
(b) deleting the definition of “Consolidated Leverage Ratio” in its entirety and replacing it with the following:
Amendments of Credit Agreement promptly and in any event within 10 Business Days after the execution and delivery of any amendment or other modification of the Credit Agreement (including termination thereof) that affects Section 10.1, 10.2 or 10.8, including any defined term used therein, a copy thereof; and
Amendments of Credit Agreement. Effective as of the date hereof, the Credit Agreement is hereby amended as follows:
Amendments of Credit Agreement. Subject to the fulfillment of the conditions precedent to the effectiveness of this Modification which are set forth below, the Credit Agreement shall be amended from and after this date as follows:
(a) Section 1.01 of the Credit Agreement shall be amended by deleting the definition of "Loan Commitment" and by substituting in lieu thereof the following new definition of such term:
Amendments of Credit Agreement. (a) Section 1.01 of the Credit Agreement is hereby amended by adding the following defined terms thereto in appropriate alphabetical order:
Amendments of Credit Agreement. A. Section 1.1 of the Credit Agreement is hereby amended by inserting the following definitions in alphabetical order: BORROWER ADJUSTED CONSOLIDATED CASH FLOW FROM OPERATIONS for any period of determination shall mean the difference between (i) Borrower Cash Flow From Operations and (ii) capital expenditures, in each case of the Borrower for such period determined in accordance with GAAP. BORROWER BASE NET WORTH shall mean the sum of $29,000,OOO plus (i) 50% of the net income of the Borrower for each fiscal quarter in which net income was earned (as opposed to a net loss) during the period from January 1, 1998 through the date of determination, and (ii) an amount equal to the net proceeds received by the Borrower after the Closing Date resulting from the issuance of capital stock of the Borrower which is treated as equity in accordance with GAAP (but without, in any event, any adjustments for any losses).
Amendments of Credit Agreement. (a) The definition of “Revolving Credit Expiration Date” in Section 1.1 of the Credit Agreement is hereby amended and restated as follows: Revolving Credit Expiration Date shall mean November 21, 2006 (which is the date 364 days after the effective date of Amendment No. 5 to Second Amended and Restated Credit Agreement among the Borrower, the Banks and the Agent) or such later date as determined pursuant to Section 2.13(a).
(b) The first paragraph of Section 2.3(a) [Facility Fees] of the Credit Agreement is hereby amended and restated as follows: Accruing from the Closing Date until the Revolving Credit Expiration Date, the Borrower agrees to pay to the Agent for the account of each Bank, as consideration for such Bank’s Revolving Credit Commitment hereunder, a facility fee (the “Facility Fee”) equal to a percentage per annum (computed on the basis of a year of 365 or 366 days, as the case may be, and actual days elapsed) equal to 0.125% of such Bank’s Revolving Credit Commitment as the same may be constituted from time to time.
(c) Section 8.2(g) [Guaranties] of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendments of Credit Agreement. Effective as of the Seventh Amendment Effective Date (as defined below):
(a) Section 6.04(a) of the Credit Agreement is hereby amended by adding the following new clause (x) immediately after clause (ix) thereof:
(x) Liens on the intellectual property of the U.S. Borrower listed on Schedule V hereto (collectively, the “Rimi IP”) securing obligations of the U.S. Borrower in respect of a refund obligation owing to Corteva Agriscience LLC or its Affiliates, such obligations not to exceed $200,000,000 in the aggregate at any time, pursuant to that certain supply and license agreement entered into on or around the date hereof (as amended, restated, supplemented or otherwise modified from time to time), between the U.S. Borrower and Corteva Agriscience LLC and/or its Affiliates; provided that such Liens shall encumber only the Rimi IP (and no other Collateral or other assets of the U.S. Borrower or any other Loan Party);”
(b) Schedule V, which is attached hereto as Schedule 1, is hereby added to and shall become part of the Credit Agreement.
Amendments of Credit Agreement. Effective as of the Effective Date (defined below), the Credit Agreement is hereby amended as follows:
(a) All references to the term “Syndication Agent” in the Credit Agreement or any of the other Loan Documents are hereby deleted in their entirety and replaced with the term “Joint Lead Arranger.”
(b) Schedule 2.01 of the Credit Agreement is hereby deleted in its entirety and replaced with Schedule 2.01 attached hereto.
Amendments of Credit Agreement. Effective as of the Seventh Amendment Effective Date, the Credit Agreement is hereby amended as follows:
(a) The following definitions are hereby added in the appropriate alphabetical order to Section 1.1 thereof (or, to the extent applicable, are hereby amended and restated in their entirety):