Financial Covenant Amendments. In the event that, at any time while this Agreement is in effect, the Company shall issue any indebtedness for borrowed money which is not by its terms subordinate and junior to the Indebtedness hereunder and such indebtedness shall include, or be issued pursuant to a trust indenture or other agreement which includes, financial covenants which are not substantially identical to the financial covenants set forth in this Agreement, the Company shall so advise the Agent in writing. Such notice shall be accompanied by a copy of the applicable agreement containing such financial covenants. The Agent shall promptly furnish a copy of such notice and the applicable agreement to each of the Banks. If the Majority Banks determine in their sole discretion that some or all of the financial covenants set forth in such agreement are more favorable to the lender thereunder than the financial covenants set forth in this Agreement ("More Favorable Terms") and that the Majority Banks desire that this Agreement be amended to incorporate the More Favorable Terms, then the Agent shall give written notice of such determination to the Company. Thereupon, and in any event within thirty (30) days following the date of notice by Agent to the Company, Company and the Banks shall enter into an amendment to this Agreement incorporating, on terms and conditions acceptable to the Majority Banks, the More Favorable Terms.
Financial Covenant Amendments. Upon satisfaction of the Effective Conditions, Section 5.8 of the Credit Agreement is hereby amended and restated in its entirety and shall read as follows:
Financial Covenant Amendments. (a) The definition of EBITDA in Section 1.01 of the Credit Agreement is hereby amended to read in its entirety as follows:
Financial Covenant Amendments. If the Collection Agent enters into any amendment or other modification to the Collection Agent Revolver or any successor or replacement credit agreement, in each case, that contains or amends any financial covenant, the Collection Agent shall provide a copy of such amendment or successor or replacement agreement (each, a "Financial Covenant Amendment ") to the Administrative Agent. In the event the Administrative Agent determines that the financial covenants contained in this Section 7.05 are less favorable than any financial covenants as amended by, or contained in, any Financial Covenant Amendment, then if requested by the Administrative Agent, the parties hereto shall enter into an amendment to this Agreement to make the financial covenants in this Section 7.05 no less favorable (except as otherwise consented to by the Administrative Agent) than the financial covenants as amended by, or contained in, such Financial Covenant Amendment. ARTICLE VIII
Financial Covenant Amendments. Subject to the terms and provisions of this Modification, the financial covenants set forth in Section 6.15 of the Loan Agreement (and certain definitions relating to the financial covenants contained therein) are hereby amended and restated in their entirety as follows:
Financial Covenant Amendments. If on or after October 7, 2016, the Collection Agent enters into any amendment or replacement to the Amended and Restated Credit Agreement, dated as of November 5, 2015, among the Collection Agent, as borrower, each lender from time to time party thereto, and Bank of America, N.A., as administrative agent, swing line lender, and an L/C issuer, or any successor or replacement credit agreement, in each case, that contains or amends any financial covenant, the Collection Agent shall provide a copy of such amendment or successor or replacement agreement (each, a "Financial Covenant Amendment") to the Administrative Agent. In the event the Administrative Agent determines that the financial covenants contained in this Section 5.5 are less favorable than any financial covenants as amended by, or contained in, any Financial Covenant Amendment, then if requested by the Administrative Agent, the parties hereto shall enter into an amendment to this Agreement to make the financial covenants in this Section 5.5 no less favorable (except as otherwise consented to by the Administrative Agent) than the financial covenants as amended by, or contained in, such Financial Covenant Amendment."
Financial Covenant Amendments. In the event that, at any time while this Agreement is in effect, the Company shall issue or shall amend any documents with respect to any indebtedness for borrowed money which is not by its terms subordinate and junior to the Indebtedness hereunder and such indebtedness shall include, or be issued pursuant to a trust indenture (other than the Senior Note Documents as in effect on the Ninth Amendment Effective Date) or other agreement which includes, financial covenants which are not substantially identical to the financial covenants set forth in this Agreement, the Company shall so advise the Agent in writing. Such notice shall be accompanied by a copy of the
Financial Covenant Amendments. As soon as practicable and, in any event, not later than January 31, 2022, Company shall furnish to the Administrative Agent consolidated and consolidating financial projections for the Company and its Subsidiaries for the Fiscal Year ending December 31, 2022 through and including the Fiscal Year ending December 31, 2024 (which projections shall include all contemplated future acquisitions and monthly operating and cash flow budgets), in a manner consistent with the projections delivered by the Company to the Lenders prior to the First Amendment Closing Date (or otherwise in a manner satisfactory to the Administrative Agent), accompanied by a certificate of a Senior Officer of the Company on behalf of the Company certifying that (a) such projections were prepared by the Company in good faith, (b) the Company has a reasonable basis for the assumptions contained in such projections and (c) such projections have been prepared in accordance with such assumptions. Based on the Administrative Agent’s review of the foregoing projections, the Administrative Agent, in its sole and absolute discretion, may amend the financial covenants contained in Section 11.11 of the Credit Agreement to reflect, among other things, such projections and the consummation of the Skynet Acquisition (if applicable).
Financial Covenant Amendments. The Lenders and the Borrowers hereby agree that on the Effective Date (as defined below) subsection 14.1 of the Credit Agreement shall be amended to read as follows:
Financial Covenant Amendments. The sections of the Loan Agreement identified below are hereby amended as set forth below:
