Amendments of Definitions. The following defined terms in the Credit Agreement and the First Forbearance Agreement are hereby amended in their entirety as follows:
Amendments of Definitions. The following amendments are made to Section 1.01 of the Receivables Purchase Agreement:
Amendments of Definitions. The following amendments to the definitions set forth in the “Standard Definitions” attached to the Indenture as Annex A shall be effective from and after the date of this Indenture Supplement:
Amendments of Definitions. (a) Effective as of the Effective Time, the following defined term not currently appearing in the Indenture is added to the Indenture:
Amendments of Definitions. (a) The definition of Asset Entities is hereby amended to read in its entirety: “
Amendments of Definitions. The definitions of "Adjusted EBITDA", "Commitment Amount" and "Percentage" in Section 1.1 are amended in their entirety to read as follows, respectively: Adjusted EBITDA means, for any period, the sum of Adjusted Consolidated Net Income for such period, plus, to the extent deducted in determining such Adjusted Consolidated Net Income, (x) federal, state, local and foreign income, value added and similar taxes, (y) Interest Expense and (z) depreciation and amortization expense; provided that Adjusted EBITDA shall be calculated on a pro forma basis (in accordance with Article 11 of Regulation S-X of the SEC) giving effect to (a) any acquisition made by the Company or any Subsidiary during such period so long as, and to the extent that, (i) the Company delivers to the Administrative Agent (which shall promptly deliver to each Bank) a summary in reasonable detail of the assumptions underlying, and the calculations made, in computing Adjusted EBITDA on a pro forma basis and (ii) the Required Banks do not object to such assumptions and/or calculations within 10 Business Days after receipt thereof; and (b) any divestiture of a Subsidiary, division or other operating unit made during such period. If the Company or any Subsidiary makes any acquisition of a Person or assets which would result in a negative adjustment to Adjusted EBITDA for any period, the Company shall, upon request of the Required Banks, deliver the information required pursuant to clause (a)(i) of the preceding sentence so that the calculation of Adjusted EBITDA will give effect to such acquisition. Notwithstanding any other provision of this Agreement, (A) Adjusted EBITDA for the Computation Period ending July 3, 2005 shall be equal to Adjusted EBITDA for the Fiscal Quarter ending on such date multiplied by four; (B) Adjusted EBITDA for the Computation Period ending October 2, 2005 shall be equal to Adjusted EBITDA for period of two consecutive Fiscal Quarters ending on such date multiplied by two; and (C) Adjusted EBITDA for the Computation Period ending January 1, 2006 shall be equal to Adjusted EBITDA for the period of three consecutive quarters ending on such date multiplied by 11/3. Commitment Amount means $150,000,000, as reduced from time to time pursuant to Section 6.1.
Amendments of Definitions. (a) The definition of “Consolidated Leverage Ratio” in Section 1.01 of the Indenture is hereby amended by adding the following paragraph as the second paragraph of such definition: “For purposes of computing the Consolidated Leverage Ratio pursuant to the definition of Credit Conditions (other than in connection with the calculation of the Consolidated Leverage Ratio set forth in the proviso thereto), (i) the amount of cash and Cash Equivalents in excess of Restricted Cash that would be stated on the balance sheet of the Issuer and its Restricted Subsidiaries and held by such Persons and deducted in such calculation shall be determined as of the date of a definitive purchase and sale or similar agreement with respect to a Payments Disposition on the basis of the then-available internal financial statements; provided, however, that any cash Restricted Payment of the type described in clauses (i) and (ii) of the definition thereof made after such date and on or prior to the date of the Parent Release Date (other than Restricted Payments made pursuant to Section 4.07(b)(14) or in the ordinary course of business) shall be deducted from such amount in such calculation, and (ii) EBITDA used in any such calculation shall be for the Issuer and its Restricted Subsidiaries for the most recently ended four fiscal quarters for which internal financial statements are available ending immediately prior to the date of the definitive purchase and sale or similar agreement with respect to a Payments Disposition, giving pro forma effect to any Investment, acquisition, disposition, merger, amalgamation, consolidation or discontinued operation (as determined in accordance with GAAP), in each case, with respect to an operating unit of a business that occurs, or other operational changes that the Issuer or any of its Restricted Subsidiaries have determined to make after such date but on or prior to the date of the Parent Release Date and otherwise, as if the same had occurred on the first day of the applicable four quarter reference period.”
Amendments of Definitions. The definitions of Expansion, Extension Term, Initial Term, Lease Year, Tenant’s Building Share and Tenant’s Project Share in Article I of the Lease are deleted and the following substituted in place thereof:
Amendments of Definitions. A new definition of "Seventh Amendment" is hereby included in the correct alphabetical order:
