Definition of Consolidated Net Income. The definition of “Consolidated Net Income” contained in Section 1.01 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Definition of Consolidated Net Income. The definition of “Consolidated Net Income” contained in Section 1 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of clause (iii) of the proviso thereof and replacing it with a comma (“,”), (ii) replacing the period at the end of clause (iv) thereof with “ and” and (iii) inserting the following new clause (v) at the end thereof immediately prior to the period (“.”) at the end thereof:
Definition of Consolidated Net Income. The definition of “Consolidated Net Income” is hereby amended by (i) deleting the text “(a) rent expensed for the use of improved and unimproved real property on the financial statements of the Borrower and the Subsidiary Guarantors calculated on a consolidated basis in accordance with GAAP for such period, and (b)” and (ii) deleting the text “(x) Consolidated Rent for such period and (y).”
Definition of Consolidated Net Income. (LOSS). The definition of Consolidated Net Income (Loss) contained in Section 1.01 of the Indenture is hereby amended and restated in its entirety to read as follows:
Definition of Consolidated Net Income. The definition of “Consolidated Net Income” in Section 1.01 of the Credit Agreement is amended by adding to the end of such definition the following proviso: “ ; and provided further that, for purposes of determining compliance with Sections 6.13 and 6.14, Consolidated Net Income shall be calculated (x) to exclude all amounts that would be included therein solely as a result of the adoption and subsequent application of FAS 143, and to include all amounts that would have been included therein if not for the adoption of FAS 143 and (y) from and after consummation of the Mining Business Asset Sale, without reflecting the accounting changes required under (and excluding the one-time non-cash extraordinary loss recognized pursuant to) the Coal Industry Retiree Health Act of 1992, but including amounts in respect of future period cash obligations to the extent such amounts would have been included therein prior to consummation of the Mining Business Asset Sale.”
Definition of Consolidated Net Income. Clause (3) in the proviso to the definition of "Consolidated Net Income" in Section 1.01 (Definitions) of the Indenture is deleted and replaced in its entirety by the following:
Definition of Consolidated Net Income. The definition of “Consolidated Net Income” set forth in Section 1.42 of the Loan Agreement hereby is amended by deleting the word “and” from the end of subsection (d) thereof and by adding the following to the end of such definition (before the period): “, (f) accretion expense attributable to environmental liabilities provided that (1) such expense is non-cash and (2) such expense is determined on a consolidated basis in accordance with GAAP and (g) non-cash gains or losses reflecting adjustments to the estimated value of the embedded derivative associated with the
