Amendments to the DIP Credit Agreement. A. Amendment to Section 6.17:
Amendments to the DIP Credit Agreement. 1.01 Section 6.17 of the DIP Credit Agreement is hereby amended and restated in its entirety as follows: “6.17
Amendments to the DIP Credit Agreement. Subject to the satisfaction of the conditions set forth in Section 3 of this Amendment, the DIP Credit Agreement is hereby amended as follows:
Amendments to the DIP Credit Agreement. (a) Section 7.2 of the DIP Credit Agreement is hereby amended by replacing (x) the reference to “$85,000,000” with a reference to “$120,000,000” and (y) the reference to $90,000,000” with a reference to “$120,000,000”;
Amendments to the DIP Credit Agreement. (a) Subject to the satisfaction of the conditions precedent set forth in Section 9(a) below, from and after the Initial Amendment Effective Date (as defined below), the DIP Credit Agreement is hereby amended as follows:
Amendments to the DIP Credit Agreement. 2.01 Section 1.1 of the DIP Credit Agreement is hereby amended by adding the following definitions, in appropriate alphabetical order: “Apple Settlement Amendment” shall have the meaning assigned to such term in the First Amendment.
Amendments to the DIP Credit Agreement. Clauses (e) and (f) of Schedule 5.1 to the DIP Credit Agreement are hereby amended to extend the date by which the annual audited financial statements and the related Compliance Certificate for the fiscal year of the Company ended March 31, 2014 are required to be delivered to be August 15, 2014.
Amendments to the DIP Credit Agreement. 1.01 Section 2.05(b)(ii) of the DIP Credit Agreement is hereby amended and restated in its entirety as follows: “(ii) (x) Within three (3) Business Days of receipt by any Loan Party and/or any of its Subsidiaries of any Net Cash Proceeds described in clause (b) of the definition of Net Cash Proceeds (other than in connection with the scrapping of any ASF Furnaces), the Borrower shall apply or cause to be applied, payments in an amount equal to the Net Cash Proceeds received by the Borrower or any of its Subsidiaries in the following order: first, in an amount equal to the applicable Apple Repayment Amount to Apple Inc. and certain of its affiliates pursuant to the Apple Settlement Amendment, and second, with respect to 20% of any remaining Net Cash Proceeds (x) retained by the Loan Parties pursuant to the Intercompany Agreement, if the Intercompany Agreement is applicable to such Net Cash Proceeds or (y) received by the Loan Parties, if the Intercompany Agreement is not applicable to such Net Cash Proceeds (in each case, after giving effect to the “first” clause), to prepay the Loans, and (y) within three (3) Business Days of receipt by any Loan Party and/or any of its Subsidiaries of any Net Cash EXHIBIT 10.1
Amendments to the DIP Credit Agreement. Exhibit W-2 to the DIP Credit Agreement is hereby amended by deleting clause (b) in its entirety and marking it as “[Reserved]”.
Amendments to the DIP Credit Agreement. 1.1 Consent to the Letter of Credit Facility and Incurrence of Obligations Subject to the terms and conditions of the Credit Agreement and the other Loan Documents, the parties hereto agree that a portion of the NM Term Loans, not in excess of an amount equal to $5,125,000 (the “XX Xxxx Collateral”), may be made available to secure and cash collateralize the New Letters of Credit; provided that any cash collateralizing of the Existing Letters of Credit shall be reduced on a dollar-for-dollar basis promptly upon the issuance of a New Letter of Credit, and the Borrower hereby reaffirms that any such cash not applied to the XX Xxxx Collateral is subject to the first priority security interest and lien in favor of the Administrative Agent and constitutes Collateral for all purposes under the Security Documents and the Final Financing Order. The XX Xxxx Collateral shall be subject to a perfected first priority security interest and lien in favor of the Issuing Lender, provided that upon release by the Issuing Lender or Issuing Lenders in accordance with the LC Agreement (the “Release Time”), such XX Xxxx Collateral shall immediately be deposited in the Borrower’s deposit account and shall immediately and automatically without any further action on the part of any Person, be subject to, and Borrower hereby grants to the Administrative Agent for the benefit of the Secured Parties effective at the Release Time, the first priority security interest and lien in favor of the Administrative Agent and the Cash Collateral shall thereupon constitute Collateral for all purposes under the Security Documents and the Final Financing Order. The parties hereto further acknowledge that such additional $400,000 of new letter of credit capacity under the LC Agreement represents an effective increase in the secured obligations of the Borrower.
