OF EXISTING CREDIT AGREEMENT. Section 1.1.122 of the Existing Credit Agreement is deleted and replaced by the following:
OF EXISTING CREDIT AGREEMENT. In response to a request by the Borrower pursuant to Section 2.4 of the Existing Credit Agreement that the maturity date of the Credits be extended to 19 July 2006, TD, RBC, Canadian Imperial Bank of Commerce, Bank of Montreal, The Bank of Nova Scotia, HSBC Bank Canada, Bank of America, N.A. Canada Xxxxxx, Xxxxxxx Xxxxx Capital Canada Inc. and Canadian Western Bank were Accepting Lenders and Laurentian Bank of Canada was a Declining Lender. Accordingly, the maturity date of the Credits shall be extended to 19 July 2006 subject to the Borrower complying with Section 2.4.4 of the Existing Credit Agreement.
OF EXISTING CREDIT AGREEMENT. (a) The first sentence of the third paragraph of Section 3.2.1 of the Existing Credit Agreement is deleted and replaced by the following: "As between the Lenders, all Obligations shall rank equally and ratably with each other notwithstanding that different Obligations may be designated as having been incurred with reference to different provisions of the 1999 Indenture, the 2001 Indenture or any Similar Indenture which might otherwise imply that different Obligations have different rankings."
OF EXISTING CREDIT AGREEMENT. Section 6.1.4(d) of the Existing Credit Agreement is deleted and replaced by the following: "The Credits constitute "New Credit Facilities" under the terms of the 1999 Notes, the 2001 Notes and any Similar Notes. As of 30 June 2002, the Threshold Amount was not less than $600,000,000."
OF EXISTING CREDIT AGREEMENT. Section 7.3.2(f) of the Existing Credit Agreement is deleted and replaced by the following: "NSCL shall promptly notify the Agent if (i) it is within $10,000,000 of any of the thresholds that would require it to take action specified in Section 7.7, or (ii) the "Aggregate Special Derivative Exposure" is within $10,000,000 of the "Permitted Special Derivative Exposure," as those terms are defined in the Repricing Agreement, and promptly provide such further reports as the Agent may require while any of those circumstances continues."
OF EXISTING CREDIT AGREEMENT. (a) Section 7.5.1(d) of the Existing Credit Agreement is amended by adding the following immediately after item (vi) thereof:
OF EXISTING CREDIT AGREEMENT. Section 8.1(k) of the Existing Credit Agreement is deleted and replaced by the following: "there is a breach of Section 7.7 or NSCFL does not comply with the requirements of the Repricing Agreement"
OF EXISTING CREDIT AGREEMENT. Section 10.1.1 of the Existing Credit Agreement is deleted and replaced by the following: "During the term of this Agreement, NSCL shall at all time maintain an Interest Coverage Ration of not less than the following: PERIOD INTEREST COVERAGE RATIO ------ ----------------------- to 31 December 2001 2.50 to 1 from 1 January 2002 to 31 March 2002 1.50 to 1 from 1 April 2002 to 31 December 2002 1.10 to 1 from 1 January 2003 to 31 March 2003 1.75 to 1 from 1 April 2003 to 30 June 2003 2.00 to 1 from 1 July 2003 to 31 December 2003 2.50 to 1 on and after 1 January 2004 2.75 to 1"
OF EXISTING CREDIT AGREEMENT. Section 10.1.2 of the Existing Credit Agreement is deleted and replaced by the following: "During the terms of this Agreement, the Funded Debt Ratio shall not at any time exceed the following: PERIOD FUNDED DEBT RATIO ------ ----------------- to 31 December 2002 0.60 to 1 from 1 January 2003 to 30 June 2003 0.575 to 1 from 1 July 2003 to 31 December 2003 0.55 to 1 on and after 1 January 2004 0.50 to 1"
OF EXISTING CREDIT AGREEMENT. (a) Section 3.2.2 of the Existing Credit Agreement is amended by adding the following after the existing sub-paragraph (b): "For the purposes of section 4.06 of the 2003 Indenture:
