Amendment to Section 7.15. Section 7.15 of the Agreement is hereby amended by inserting the following at the end of such Section 7.15: “; provided, however, that, with respect to Harris Communications Systems (Ireland) Limited, if at the end of such ninety (90) day period the Buyer and its Subsidiaries have been unable to cause the Excess Cash (or any portion thereof) held by Harris Communications Systems (Ireland) Limited as of the Subsequent Closing applicable to the Ireland Asset Class to be legally distributed to the Buyer as contemplated by this Section 7.15, the Buyer will pay to the Company (x) the amount of such Excess Cash minus (y) the aggregate amount of all Taxes, out-of-pocket costs and expenses (to the extent not previously reimbursed by the Company) incurred or to be incurred by the Buyer or any of its Subsidiaries as a result of such payment of such Excess Cash to the Company”.
Amendment to Section 7.15. Section 7.15 of the Credit Agreement is hereby amended by adding new clauses (g) and (h) to the end of such Section (and making the applicable grammatical changes thereto) to read as follows:
Amendment to Section 7.15. Section 7.15 of the Credit Agreement is hereby amended by replacing the word “Holdings” set forth therein with the word “GCAL”.
Amendment to Section 7.15. Section 7.15 of the Agreement is hereby amended and restated to read in its entirety as follows: “Except as permitted by Sections 7.10, 7.12 and 7.13, neither the Borrower nor any of its Subsidiaries shall sell, transfer, distribute, or pay any money or property, including, but not limited to, any fees or expenses of any nature (including, but not limited to, any fees or expenses for management services), to any Affiliate, or lend or advance money or property to any Affiliate, or invest in (by capital contribution or otherwise) or purchase or repurchase any stock or indebtedness, or any property, of any Affiliate, or become liable on any guaranty of the indebtedness, dividends, or other obligations of any Affiliate. Notwithstanding the foregoing, the Borrower and its Subsidiaries, subject to the limitations set forth in Section 7.10, may (a) engage in transactions with Affiliates in the ordinary course of business, on terms and amounts and with respect to activities consistent with past practices as have been disclosed to the Lender so long as no Event of Default has occurred and is continuing and (b) repay unsecured loans from Xxxxx Instruments Europe GmbH & Co., KG in an aggregate amount not to exceed $5,000,000, so long as (i) no Default or Event of Default has occurred or is continuing; and (ii) unused Availability after giving effect to such repayment is equal to or greater than the greater of (x) $1,000,000 or (y) 10% of the total Borrowing Base. For purposes of determining unused Availability under Clause (b)(ii), accounts payable 30 days or greater past due according to their written terms, other than accounts payable subject to a bona fide dispute up to a maximum aggregate amount of $500,000, will be deducted from unused Availability for purposes of this calculation. Furthermore, the unused Availability requirement of $1,000,000 under Clause (b)(ii)(x) shall be increased by an amount equal to any reductions in the Availability Reserve. By way of example, if the Availability Reserve is reduced to $250,000, the minimum requirement under Clause (b)(ii)(x) shall be increased to $1,250,000. If the Availability Reserve is reduced to zero, the minimum requirement under Clause (b)(ii)(x) shall be increased to $1,500,000.”
Amendment to Section 7.15. Section 7.15 of the Original Indenture is hereby amended to read in its entirety as follows:
Amendment to Section 7.15. Section 7.15 of the Master Purchase Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 7.15. Section 7.15 of the Loan Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 7.15. Section 7.15 of the Credit Agreement is hereby amended and restated as follows:
Amendment to Section 7.15. Section 7.15 of the Credit Agreement is hereby amended by deleting the word “or” at the end of clause (b) thereof and replacing it with “,”, and adding a new clause (d) at the end of clause (c) thereof as follows: “or (d) amend, modify or otherwise change, or consent to any amendment, modification or change to (or otherwise permit) the terms of the Convertible Preferred Units in a manner that could reasonably be expected to be adverse to the Lenders, the Parent or its subsidiaries.”
Amendment to Section 7.15. Section 7.15 of the Credit Agreement is hereby amended by adding the following new clause (d) after clause (c) thereof:
