Contract
1.1 | Section 10.21 of the Indenture shall be deleted in its entirety, and the following is substituted in lieu thereof: |
SECTION 10.21 Minimum EBITDA.From and after the Trigger Date, the Note Parties shall have, as of the last day of each quarter set forth below, EBITDA for such quarter of not less than the following: |
Quarter Ending | Minimum Quarterly EBITDA (dollars in millions) |
---|---|
June 30, 2002 | 46.5 |
September 30, 2002 | 45.5 |
December 31, 2002 | 42.9 |
March 31, 2003 | 41.0 |
June 30, 2003 | 36.5 |
September 30, 2003 | 34.3 |
December 31, 2003 | 30.9 |
March 31, 2004 | 26.9 |
June 30, 2004 | Waived/Compliance not req'd |
September 30, 2004 | Waived/Compliance not req'd |
December 31, 2004 | Waived/Compliance not req'd |
Xxxxx 00, 0000 | Xxxxxx/Xxxxxxxxxx not req'd |
June 30, 2005 | 33.9 |
September 30, 2005 | 34.2 |
December 31, 2005 | 34.7 |
March 31, 2006 | 33.1 |
June 30, 2006 | 34.6 |
September 30, 2006 | 36.1 |
December 31, 2006 | 37.4 |
March 31, 2007 | 36.6 |
June 30, 2007 | 36.1 |
September 30, 2007 | 35.4 |
December 31, 2007 | 34.6 |
March 31, 2008 | 33.8 |
June 30, 2008 | 33.3 |
September 30, 2008 | 32.5 |
December 31, 2008 | 31.8 |
March 31, 2009 | 31.1 |
1.2 | Section 10.22 of the Indenture shall be deleted in its entirety, and the following is substituted in lieu thereof: |
Quarter Ending | Minimum Direct Units in Service (units in thousands) |
---|---|
June 30, 2002 | 4,215.2 |
September 30, 2002 | 4,002.7 |
December 31, 2002 | 3,819.3 |
March 31, 2003 | 3,630.1 |
June 30, 2003 | 3,558.1 |
September 30, 2003 | 3,301.6 |
December 31, 2003 | 3,055.4 |
March 31, 2004 | 2,909.4 |
June 30, 2004 | Waived/Compliance not req'd |
September 30, 2004 | Waived/Compliance not req'd |
December 31, 2004 | Waived/Compliance not req'd |
Xxxxx 00, 0000 | Xxxxxx/Xxxxxxxxxx not req'd |
June 30, 2005 | 2,837.6 |
September 30, 2005 | 2,779.5 |
December 31, 2005 | 2,722.6 |
March 31, 2006 | 2,600.3 |
June 30, 2006 | 2,566.4 |
September 30, 2006 | 2,532.8 |
December 31, 2006 | 2,499.7 |
1.3 | Section 10.23 of the Indenture shall be deleted in its entirety, and the following is substituted in lieu thereof: |
Quarter Ending | Minimum Quarterly Consolidated SRM Revenue (dollars in millions) |
Planned One Way SRM Revenue (dollars in millions) |
Planned Two Way SRM Revenue (dollars in millions) |
---|---|---|---|
June 30, 2002 | 174.8 | 174.9 | 30.8 |
September 30, 2002 | 166.6 | 162.2 | 34.0 |
December 31, 2002 | 160.7 | 151.7 | 37.3 |
March 31, 2003 | 153.7 | 142.5 | 43.8 |
June 30, 2003 | 133.1 | 133.8 | 48.2 |
September 30, 2003 | 124.2 | 125.6 | 48.5 |
December 31, 2003 | 116.2 | 117.9 | 53.3 |
March 31, 2004 | 107.5 | 109.1 | 55.5 |
June 30, 2004 | Waived/Compliance not req'd |
100.9 | 62.6 |
September 30, 2004 | Waived/Compliance not req'd |
93.4 | 66.5 |
December 31, 2004 | Waived/Compliance not req'd |
86.4 | 70.3 |
March 31, 2005 | Waived/Compliance not req'd |
81.5 | 70.7 |
June 30, 2005 | 120.3 | 76.9 | 73.5 |
September 30, 2005 | 119.8 | 72.6 | 77.2 |
December 31, 2005 | 117.4 | 68.5 | 78.3 |
March 31, 2006 | 112.6 | 64.4 | 80.8 |
June 30, 2006 | 112.1 | 60.6 | 84.1 |
September 30, 2006 | 111.2 | 57.0 | 86.5 |
December 31, 2006 | 110.8 | 53.7 | 89.3 |
March 31, 2007 | N/A | 50.5 | 91.4 |
June 30, 2007 | N/A | 47.5 | 92.8 |
September 30, 2007 | N/A | 44.6 | 93.8 |
December 31, 2007 | N/A | 41.9 | 94.3 |
March 31, 2008 | N/A | 39.4 | 94.8 |
June 30, 2008 | N/A | 37.0 | 95.5 |
September 30, 2008 | N/A | 34.8 | 95.7 |
December 31, 2008 | N/A | 32.8 | 96.0 |
March 31, 2009 | N/A | 30.7 | 96.3 |
Arch Wireless, Inc. Arch Wireless Holdings, Inc. Arch Wireless Communications, Inc. MobileMedia Communications, Inc. Arch Wireless Operating Company, Inc. Arch Wireless License Co., LLC Paging Network Canadian Holdings, Inc. |
As to each of the foregoing: BY: —————————————— NAME —————————————— TITLE —————————————— |
The Bank of New York, as Indenture Trustee Collateral Agent BY: —————————————— NAME —————————————— TITLE —————————————— |