The definition of. Permitted Stock Payments" in subsection 1.1 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
The definition of. Stock Option Agreement" in paragraph 1 of the Agreement is hereby deleted in its entirety and the following is hereby inserted in its place:
The definition of. “Due Diligence Deadline” is hereby amended to read as follows (additions are shown as double-underlined and deletions are shown as struck through):
The definition of. Change of Control" contained in Section 1.1 of the Indenture is hereby amended and restated in its entirety to read as follows:
The definition of. “Due Diligence Period” is hereby amended to read as follows (additions are shown as double-underlined and deletions are shown as struck through): Due Diligence Period: The period commencing on the Effective Date and ending on 6:00 PM Eastern Time on October 18, 2013 the date which is thirty (30) days after the Effective Date, during which time Buyer may, at reasonable times with prior notice to Seller, investigate the financial, legal, operational, environmental and all other aspects of the Property as Buyer may desire. Buyer acknowledges that Seller has either produced all items requested by Buyer as described on Exhibit B hereto (or Buyer has waived its right to receive such items), except for those items described on Exhibit B-1 hereto which Seller shall produce for, or make available to, Buyer within ten (10) days after the Effective Date. Seller shall also produce for Buyer those items listed on Exhibit B-2 at least fifteen (15) days prior to the Closing.
The definition of. CONSOLIDATED FIXED CHARGES" IN PARAGRAPH 13B OF THE EXISTING NOTE PURCHASE AGREEMENT (OTHER TERMS) IS HEREBY AMENDED AND RESTATED AS FOLLOWS:
The definition of. Revolving Credit Notes" in Section 2 of the Credit Agreement hereby is deleted in its entirety and the following is substituted in its place: Revolving Credit Notes shall mean each of the Revolving Credit Notes of the Borrower to be executed and delivered to each of the Lenders pursuant to Section 3.1, pursuant to the First Amendment or pursuant to an Assignment Agreement, as the same may from time to time be amended, modified, extended or renewed.
The definition of. Fixed Charge Component" in Section 1.1 of the Loan and Security Agreement is amended by adding the words ", the Senior Exchange Notes" immediately before the words "or the Fonda Senior Subordinated Notes" xx xlause (y) of the parenthetical contained in clause (iv) of such definition.
The definition of. “First Amendment” set forth below is hereby added to Section 1.01 of the Agreement:
The definition of. Consolidated Net Worth" in Section 7 of the Credit Agreement is hereby deleted in its entirety and the following substituted therefor:
