Amendments to the Participation Agreement Sample Clauses

Amendments to the Participation Agreement. Subject to the satisfaction of the conditions set forth in Section 5below, the Participation Agreement is hereby amended as follows: (a) Section 9.5(g) of the Participation Agreement, "Minimum Consolidated Fixed Charge Ratio," is hereby amended by deleting the same in its entirety and replacing it with the following:

Amendments to the Participation Agreement. 1. Appendix A to the Participation Agreement is hereby amended to modify the following defined term as follows:

Amendments to the Participation Agreement. Effective on the Effective ----------------------------------------- Date, the Participation Agreement shall be amended as follows: Section 1.1 of the Participation Agreement is hereby amended and replaced in its entirety by a new Section 1.1 as follows:

Amendments to the Participation Agreement. Solely with respect to the Subject Property and not with respect to Property No. 1 and the Improvements constructed thereon, the Master Lease is hereby amended as follows:

Amendments to the Participation Agreement. (a) Section 8.3B(c)(xiii) of the Participation Agreement is hereby amended in its entirety to read as follows: (xiii) Investments not otherwise permitted pursuant to this Section 8.3B(c); provided that, immediately before and immediately after giving pro forma effect to any such Investments, (A) no Lease Default or Lease Event of Default shall have occurred and be continuing or would be caused by such Investment, and (B) (1) the Leverage Ratio of the Parent and its Subsidiaries would not exceed 2.50 to 1.0, (2) the Credit Parties would be in compliance with the financial covenants set forth in Section 8.3B(n), and (3) the global unrestricted gross cash and Cash Equivalents of the Parent and its Subsidiaries shall not be less than $1,500,000,000; provided, further, that if immediately before or immediately after giving effect to any such Investment on a Pro Forma Basis either (x) the Leverage Ratio of the Parent and its Subsidiaries would exceed 2.00 to 1.0 or (y) the global unrestricted gross cash and Cash Equivalents of the Parent and its Subsidiaries is below $2,500,000,000, then, in each such case, the Agent shall have received satisfactory written evidence of the Parent’s and its Subsidiaries’ compliance with clauses B(1), B(2) and B(3) above. (b) Section 8.3B(f)(iii) of the Participation Agreement is hereby amended in its entirety as follows: (iii) the Parent may make other Restricted Payments; provided that, immediately before and immediately after giving pro forma effect to any such Restricted Payment, (A) no Lease Default or Lease Event of Default shall have occurred and be continuing or would be caused by such Restricted Payment, and (B) (1) the Leverage Ratio of the Parent and its Subsidiaries would not exceed 2.50 to 1.0, (2) the Credit Parties would be in compliance with the financial covenants set forth in Section 8.3B(n), and (3) the global unrestricted gross cash and Cash Equivalents of the Parent and its Subsidiaries shall not be less than $1,500,000,000; provided, further, that if immediately before or immediately after giving effect to any such Restricted Payment on a Pro Forma Basis either (x) the Leverage Ratio of the Parent and its Subsidiaries would exceed 2.00 to 1.0 or (y) the global unrestricted gross cash and Cash Equivalents of the Parent and its Subsidiaries is below $2,500,000,000, then, in each such case, the Agent shall have received satisfactory written evidence of the Parent’s and its Subsidiaries’ compliance with clauses B...

Amendments to the Participation Agreement. (a) Appendix A is amended by adding the following after the definition for "Indemnitee" and before the definition for "Insolvency":

Amendments to the Participation Agreement. A. Appendix A to the Participation Agreement is hereby amended by replacing the definitions of "Certificateholder Commitment", "Consolidated Capital Expenditures", "Construction Period Termination Date", "Rent Commencement Date", "Total Certificateholder Commitment", "Total Lender Commitment", "Total Tranche A Commitment" and "Total Tranche B Commitment" with the following:

Amendments to the Participation Agreement a. Section 1 of the Participation Agreement hereby is amended by amending and restating the following defined term in its entirety: "Maximum Participant Commitment" - $45,000,000.

Amendments to the Participation Agreement. The Participation Agreement is hereby amended as follows: (a) Section 3.4(b)(i) of the Participation Agreement is hereby amended by adding the following at the end of said section: "The Lessee shall pay to the Agent a fee of $1,000 for each Fixed Rate Request." (b) Section 3.4(b)(v) of the Participation Agreement is hereby amended by deleting the words "Not later than 11:30 a.m. (New York time) on" and substituting therefor the following: "Promptly upon receipt of the Agent's notice referred to in Section 3.5(b)(iv) above, on the third Business Day prior to". (c) Section 3.8(e) of the Participation Agreement is hereby amended by deleting the word "Schedule" in the third line thereof and substituting therefor the word "Scheduled". (d) Section 10.1(f) of the Participation Agreement is hereby amended by adding the following at the end of said section: ", provided that the Consolidated Quick Ratio shall be reduced to .95 to 1.0 solely for the fiscal quarter in which the Momentum Distribution is made." (e) Section 10.1(g) of the Participation Agreement is hereby amended by deleting the words "at September 30, 1996" in the third line thereof and substituting in their place the following "at the end of the fiscal quarter ending June 30, 1998 (as adjusted for the fiscal quarter in which the Momentum Transaction is consummated)". (f) Section 10.1(j) of the Participation Agreement is hereby amended by deleting "or" in the second line thereof and substituting in its place the word "and". (g) Section 10.1(l) of the Participation Agreement is hereby amended by deleting the figure "$20,000,000" in the second line of clause (v) thereof and substituting in its place the figure "$50,000,000". (h) Section 10.1(m) of the Participation Agreement is hereby amended (i) by adding the following after the word "California" in the second line of clause (iv): ", Lot 00 xxx xxx Xxxxxx Xxxxxx", (xx) xx deleting the word "and" at the end of clause (v) and (iii) by adding the following at the end of clause (vi): "and (vii) the Lessee may make the Momentum Distribution." (i) Section 10.1(o) of the Participation Agreement is hereby amended (i) by deleting the second "and" in the third line thereof and substituting a comma therefor and (ii) by adding the following at the end of said section: "and (iii) the Lessee may make the Restricted Payments contemplated by the Momentum Transaction." (j) Section 10.1(p) of the Participation Agreement is hereby amended by adding at the end of said secti...