Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended to read as follows:
Amendment to Section 2.01(a). Section 2.01(a) is amended by deleting the second sentence of that section and inserting the following as the second and third sentences thereof: Effective as of July 20, 2001, Sears hereby sells, transfers, assigns and otherwise conveys to SRFG, without recourse, all right, title and interest of Sears in and to Interchange existing as of July 20, 2001 and thereafter created, all monies due or to become due with respect thereto, all proceeds (as defined in Article 9 of the UCC as in effect in the State of New York) of Interchange, if any, relating thereto. In the event that such sale, transfer, assignment or conveyance pursuant to either of the preceding sentences is deemed to create a security interest in the specified property, Sears confirms that it has granted and does hereby grant to SRFG a security interest therein.
Amendment to Section 2.01(a). The proviso contained in Section 2.01(a) of the Credit Agreement (which appears at the end of the first sentence of such Section 2.01(a) commencing with the words “provided, however” and continues to the end of such sentence) is hereby amended and restated to read in its entirety as follows: provided, however, that after giving effect to any Borrowing of Revolving Loans, (i) the aggregate Outstanding Amount of all Revolving Loans made by the Lenders pursuant to this Section 2.01(a), exclusive of Revolving Loans made by the Lenders pursuant to Section 2.03(c) as a result of the failure of the Borrower to timely reimburse the L/C Issuer for any drawing under a Letter of Credit, shall not exceed $35,000,000, (ii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, and (iii) the aggregate Outstanding Amount of the Revolving Loans of any Lender plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations shall not exceed such Lender’s Revolving Commitment.
Amendment to Section 2.01(a). Section 2.01(a) is amended by deleting the second sentence of that section and inserting the following as the second and third sentences thereof: Effective as of July 20, 2001, the Seller hereby sells, transfers, assigns and otherwise conveys to the Trust for the benefit of the Certificateholders, without recourse, all right, title and interest of the Seller in and to Interchange existing as of July 20, 2001 and thereafter created, all monies due or to become due with respect thereto, all proceeds (as defined in Article 9 of the UCC as in effect in the State of New York) of Interchange, if any, relating thereto. In the event that such sale, transfer, assignment or conveyance pursuant to either of the preceding sentences is deemed to create a security interest in the specified property, the Seller does hereby grant to the Trust a security interest therein. V.
Amendment to Section 2.01(a). The first sentence of Section 2.01(a) of the Rights Agreement shall be amended and restated in its entirety to read as follows: At any time following the earlier of: (a) the six month anniversary of the IPO or (b) the date on which the market stand-off agreement relating to the initial public offering applicable to a Demand Party (as defined below) has terminated, an Institutional Investor (such Institutional Investor, a “Demand Party”) may, subject to Section 2.11, make a written request (a “Demand Notice”) to the Company for Registration of all or part of the Registrable Securities held by such Demand Party (i) on Form S-1 (a “Long-Form Registration”) or (ii) on Form S-3 (a “Short- Form Registration”) if the Company qualifies to use such short form (any such requested Long- Form Registration or Short-Form Registration, a “Demand Registration”).
Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended to insert the following second proviso at the end of the first sentence: provided further that if, at the time of any Revolving Borrowing, the Total Leverage Ratio, determined as of the end of the then most recent fiscal quarter of the Borrower for which a Compliance Certificate has been delivered pursuant to Section 5.06(c) and giving pro forma effect to such Revolving Borrowing and the application of the proceeds thereof, is more than 3.0 to 1, then the aggregate principal amount of such Revolving Borrowing, when taken together with the aggregate then outstanding principal amount of all other Revolving Borrowings, shall not (unless consented to in writing by the Majority Revolving Lenders) exceed $25,000,000 (excluding, for purposes of this computation, any such Revolving Borrowing to the extent the proceeds thereof are only used to make any payment in respect of the Convertible Senior Notes permitted under Section 6.14).
Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended by deleting clause (i) in the proviso of the first grammatical sentence thereof in its entirety and by substituting the following therefor:
Amendment to Section 2.01(a). Section 2.01(a) of the Employment Agreement is amended to state in its entirety:
Amendment to Section 2.01(a). Section 2.01(a) of the Merger Agreement is hereby amended by deleting the phrase “Merger Sub shall, and Parent shall cause Merger Sub to,” and replacing it with the phrase “Parent shall”.
Amendment to Section 2.01(a). Section 2.01(a) of the Mortgage is hereby amended by, immediately after the comma appearing at the end of clause (x) appearing in subsection 2.01(a)(1)(ii) and immediately prior to clause (y) appearing in subsection 2.01(a)(1)(ii), inserting the following clause: "provided, that notwithstanding the provisions of this clause (ii), the Grantor shall be permitted to survey or break down into component Spare Parts a total of up to three (3) Engines or Spare Engines which are surplus, obsolete, negligible or uneconomical as Engines or Spare Engines during the period beginning on July 1, 2005 and ending on the Maturity Date,".
