Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended as follows:
Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions therein in proper alphabetical order:
Amendment to Section 1.1 of the Credit Agreement. Section 11 of the Credit Agreement is hereby amended as follows:
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by replacing the definition of “Eligible Finished Goods Inventory” in its entirety with the following:
Amendment to Section 1.1 of the Credit Agreement. Section 11.1 of the Credit Agreement is hereby amended by deleting the table contained in Section 11.1 of the Credit Agreement in its entirety and restating it as follows:
Amendment to Section 1.1 of the Credit Agreement. Section 1.1 of the Credit Agreement is hereby amended by amending and restating the second sentence of the definition of “Consolidated Adjusted EBITDA” to read in full as follows: Notwithstanding the foregoing, (v) Consolidated Adjusted EBITDA shall be adjusted as set forth in Section 6.8(e) for all purposes under this Agreement other than for purposes of calculating Consolidated Excess Cash Flow, (w) for all purposes other than for purposes of calculating Consolidated Excess Cash Flow, any calculation of Consolidated Adjusted EBITDA from and after the closing date of the SunTrust Leaseback shall include an adjustment reducing Consolidated Adjusted EBITDA by the “run rate” additional cash rent expense that would have accrued during the relevant period if the SunTrust Leaseback was closed at the beginning of such period, (x) for all purposes other than for purposes of calculating Consolidated Excess Cash Flow, any calculation of Consolidated Adjusted EBITDA from and after the closing date of the Marina Xxxx Leaseback shall include an adjustment reducing Consolidated Adjusted EBITDA by the “run rate” additional cash rent expense that would have accrued during the relevant period if the Marina Xxxx Leaseback was closed at the beginning of such period, (y) for all purposes, Consolidated Adjusted EBITDA attributable to SSAO shall be reduced by a percentage equal to the percentage interest that the Xxxx Stock represents in SSAO and (z) for all purposes, Consolidated Adjusted EBITDA attributable to BAO shall be reduced by a percentage equal to the percentage interest that the BMI Stock represents in BAO.
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by replacing the definition of “Borrowing Base Certificate” in its entirety with the following:
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by adding a new definition for the term “Eligible Sales and Use Tax Refund Claim” in its proper alphabetical order, as follows:
Amendment to Section 1.1 of the Credit Agreement. (a) Section 1.1 of the Credit Agreement is hereby amended by adding the following parenthetical at the end of the definition of “Net Income”: “(excluding therefrom non-cash gains and non-cash charges arising from marking to market the fair value of Hedging Agreements in accordance with Statement of Financial Accounting Standards No. 133, “Accounting for Derivative Instruments and Hedging Activities” and any related income tax effects).”
Amendment to Section 1.1 of the Credit Agreement. The Credit Agreement is hereby amended by replacing the definitions of “Borrowing Base” and “Eligible Canadian Inventory” in their entirety with the following:
