Amendment to Financing Agreement Sample Clauses

Amendment to Financing Agreement. The Financing Agreement is amended, effective as of the date of this Agreement, as follows:

Amendment to Financing Agreement. Section 2.01(b)(iv) of the Financing Agreement is hereby amended and restated in its entirety to read as follows: "The aggregate principal amount of the Loans and Letter of Credit Obligations shall not at any time exceed (A) an amount equal to (x) three and one quarter (3.25) multiplied by (y) the Consolidated EBITDA of the Parent and its Subsidiaries for the most recently completed twelve months after giving effect, if any, to the pro forma adjustments set forth in Schedule 2.01(b)(iv) or (B) the maximum principal amount of Indebtedness which is permitted to be incurred by the Parent and its Subsidiaries under clause (i) of the second paragraph of Section 4.09 of the Indenture less all outstanding Capital Lease Obligations (as defined in the Indenture) incurred under such clause (i), provided, however, that solely for the period commencing on May 1, 2005 and ending on August 1, 2005, the aggregate principal amount of the Loans and Letter of Credit Obligations shall not at the end of any Business Day exceed (A) an amount equal to (x) four (4.00) multiplied by (y) the Consolidated EBITDA of the Parent and its Subsidiaries for the most recently completed twelve months after giving effect, if any, to the pro forma adjustments set forth in Schedule 2.01(b)(iv) or (B) the maximum principal amount of Indebtedness which is permitted to be incurred by the Parent and its Subsidiaries under clause (i) of the second paragraph of Section 4.09 of the Indenture less all outstanding Capital Lease Obligations (as defined in the Indenture) incurred under such clause (i)."

Amendment to Financing Agreement. Section 7.11(b) of the Financing Agreement is hereby amended and restated in its entirety to read as follows:

Amendment to Financing Agreement. Subject to the satisfaction of the conditions of this Amendment, the Financing Agreement is hereby amended as follows:

Amendment to Financing Agreement. Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows: 2.1. Section 2(a) is hereby amended by deleting the fifth sentence thereof in its entirety and replacing it with the following: "Furthermore, at no time will the outstanding amount of Loans in the aggregate exceed: (i) $57,000,000 from January 1, 1997 through March 31, 1997; (ii) $53,500,000 from April 1, 1997 through April 30, 1997; (iii) $45,000,000 from May 1, 1997 through June 30, 1997; and (iv) $40,000,000, at any time thereafter (the "Peak Permitted Loan")." 2.2. Section 8 is hereby amended by amending the definition of Applicable Permitted Overadvance in its entirety to provide as follows:

Amendment to Financing Agreement. Subject to the satisfaction of the conditions of this Amendment, the Financing Agreement is hereby amended as follows: 1.1 The first sentence of Section 8.7 of the Financing Agreement, commencing with the clause “Promptly when available”, is hereby amended in its entirety by substituting the following in its place: “Promptly when available and in any event not later than (A) October 31, 2007 with respect to Borrower’s fiscal year ending on December 31, 2006 or (B) 120 days after the end of each of Borrower’s fiscal years occurring after December 31, 2006, Borrower shall submit to Bank consolidated financial statements showing its financial condition, the results of its operations, a balance sheet and related statements of income, stockholders’ equity, and changes in its cash flows and financial position for the year then ended.” 1.2 Section 7.4 of the Financing Agreement is hereby amended in its entirety by substituting the following in its place:

Amendment to Financing Agreement. Subject to the terms and conditions of this Amendment, including the satisfaction of the conditions precedent set forth in Section 2 hereof, the Financing Agreement is amended as follows: (a) The parties hereto hereby agree that (i) the aggregate outstanding principal balance of the Fourth Tranche US Last Out Term Notes on the date hereof is $25,000,000 and (ii) the aggregate outstanding principal balance of the US Convertible Term Notes on the date hereof is $10,050,000 (the “Existing US Convertible Term Notes”). Notwithstanding anything in the Credit Agreement or any other Transaction Document to the contrary, effective as of January 30, 2018 (the “Note Conversion Date”), the aggregate outstanding principal balance of the Existing US Convertible Term Notes on such date shall be converted to, and constitute a part of the “Fourth Tranche US Last Out Term Notes” for all purposes under the Financing Agreement and the other Transaction Documents (the “Note Conversion” and such converted US Convertible Term Notes, the “Converted Fourth Tranche US Last Out Term Notes”), and after giving effect to the Note Conversion the aggregate outstanding principal balance of the Fourth Tranche US Last Out Term Notes on the Note Conversion Date shall be increased by the aggregate outstanding principal balance of the Existing US Convertible Term Notes on the Note Conversion Date and, for the avoidance of doubt, the aggregate outstanding principal balance of the US Convertible Term Notes on the Note Conversion Date shall be $0.00; provided, that notwithstanding the forgoing to the contrary, the Borrowers shall pay the Exit Premium (pro-rated for the outstanding principal balance of the Existing US Convertible Term Notes as of the Note Conversion Date prior to giving effect to the Note Conversion, it being agreed and understood that [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. based on the outstanding principal balance of the Existing US Convertible Term Notes as of the date hereof, the amount of such pro-rated Exit Premium would be $2,010,000) in respect of the Existing US Convertible Term Notes to Agent on the Note Conversion Date. Without limiting the generality of the foregoing, after giving effect to the Note Conversion the Converted Fourth Tranche US Last Out Term Notes sha...

Amendment to Financing Agreement. Bank shall have received an original counterpart of this Third Amendment to Financing Agreement executed and delivered by a duly authorized officer of Borrower.

Amendment to Financing Agreement. The Financing Agreement is amended, effective as of the date of this Agreement, as follows: AMENDMENT TO EXHIBIT J. Exhibit J to the Financing Agreement is amended in its entirety to read as set forth on Exhibit J attached hereto and by reference made a part hereof.