Permanent Amendments. The following amendments, waivers and limitations shall be permanent amendments to the Credit Agreement:
Permanent Amendments. (i) The Credit Agreement is hereby amended as shown in the conformed copy thereof attached hereto as Exhibit A and (ii) the Commitments of the Lenders shall be amended as set forth on Exhibit B. Each of the Borrower, the Servicer, the Administrative Agent and each Lender hereby consent to the reallocation of the Commitments set forth on Exhibit B and hereby agrees to make or receive such payments as set forth therein; and
Permanent Amendments. 3.1 Section 2 of the Existing Repurchase Agreement is hereby amended by deleting the definitions of “Account Agreement”, “Cash Account Control Agreement”, “Change in Control”, “Income”, “Initial Repurchase Date”, “
Permanent Amendments. Section 2 of the Existing Repurchase Agreement is hereby amended by deleting the definition of "Market Value" in its entirety and replacing it with the following:
Permanent Amendments. Subject to the satisfaction of the conditions precedent set forth in SECTION 4 of this Amendment, the Credit Agreement is amended as set forth in SECTIONS 1.1 through 1.3:
Permanent Amendments. Section 1 of the Existing Pricing Letter is further amended by adding the following definition in the appropriate alphabetical order:
Permanent Amendments. Section 2 of the Existing Repurchase Agreement is hereby amended by deleting the definition of “Adjusted Tangible Net Worth” in its entirety and replacing it with the following:
Permanent Amendments. Primarily as a result of various restructuring charges taken or to be taken by the Company in connection with the realignment of its business and a change in focus of its overall business strategy, the Company has asked the holders of the Notes to enter into negotiations to effect permanent amendments to the financial covenants and certain other provisions under the Note Agreement (the "Permanent Amendment Proposal"). In that connection the Company acknowledges and agrees that the holders of the Notes and the lenders which are parties to the New Bank Facility (the "Facility Banks") will enter into Intercreditor arrangements (for such periods and on such terms as shall be mutually agreeable between the Facility Banks and the holders of the Notes) which will provide in substance that the holders of the Notes and the Facility Banks will share in recoveries on the total Debt under the Notes and the Note Agreement and under the New Bank Facility (upon realization upon collateral, exercise of rights of set-off and otherwise) in the ratio of 62.5% (holders of Notes) and 37.5% (Facility Banks) (which may result in an ultimate reallocation of amounts paid from proceeds of the Subordinated Debt Placement described above) (the "Intercreditor Requirement"). The Company acknowledges that the execution and delivery of this Agreement is being sought by the Company without the holders of the Notes having had the necessary time to (i) reach agreement with the Facility Banks on the specifics of the intercreditor arrangements referred to in this Section 8 or (ii) review and investigate the business and operations of the Company and its Subsidiaries and the changes proposed therein by the Company which are necessary in order to complete a considered and responsible analysis of the Permanent Amendment Proposal. Notwithstanding anything to the contrary contained herein, the implementation of the Permanent Amendment Proposal (and the respective forms of agreements and instruments required in connection therewith) will require the concurrence and the approval of the Required Holders (which concurrence and approval as to any individual holder may be given or withheld in its sole and absolute discretion).
Permanent Amendments. On the Effective Date, the Loan Documents are hereby amended as follows, which amendments shall remain effective during and after the Conditional Payoff Period, and whether or not the Payoff Condition occurs:
Permanent Amendments
