Amendment to Definitions Sample Clauses
The "Amendment to Definitions" clause allows for changes or updates to the definitions section of a contract or agreement. This clause specifies the process by which parties can modify, add, or clarify the meanings of key terms used throughout the document, often requiring mutual written consent or a formal amendment procedure. By providing a structured method for updating definitions, it ensures that the contract remains clear and relevant as circumstances change, reducing the risk of misunderstandings or disputes over terminology.
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Amendment to Definitions in Section 1.01. The following definitions appearing in Section 1.01 of the Credit Agreement are hereby amended and restated to read in their entirety as follows:
Amendment to Definitions. In Section 1.01, amendments are made to the definitions as follows:
Amendment to Definitions. The definitions of “Loan Papers” and “Permitted Subordinate Debt” contained in Section 2.1 of the Credit Agreement shall be amended and restated to read in full as follows:
Amendment to Definitions. The following new definitions are inserted in Article I of the Credit Agreement in the appropriate alphabetical order:
Amendment to Definitions. The following definitions are hereby amended as follows:
Amendment to Definitions. Section 1.1 of the Credit Agreement is hereby amended by deleting the words "July 17, 2000" appearing in the definition of "Revolving Credit Loan Maturity Date" and substituting in lieu thereof the words "July 31, 2000".
Amendment to Definitions. The definition of each of the following terms contained in Section 1.1 of the Original Indenture is hereby amended and restated to read in its entirety as follows:
Amendment to Definitions. Section 1.1 of the Credit Agreement is hereby amended to delete the definitions of “Applicable Margin”, “Base Rate”, “Closing Commitment Amount”, “Commitment Period”, “Consolidated EBITDA”, “Eurodollar Rate”, “Fixed Charge Coverage Ratio”, “Interest Period”, “Leverage Ratio”, “Related Writing”, and “Revolving Credit Commitment” therefrom and to insert in place thereof, respectively, the following:
Amendment to Definitions. Section 1.01 is hereby amended by amending and restating the following defined terms in their entirety to read as follows:
Amendment to Definitions. (a) The definition of “Capital Expenditures” set forth in Schedule 1.1 to the Credit Agreement is hereby amended by deleting such definition in its entirety and replacing it with the following: “ ‘Capital Expenditures’ means, with respect to any period, the additions to property, plant and equipment and other expenditures of Parent, Borrowers or any of their respective Subsidiaries that are (or would be) set forth on a consolidated statement of cash flows of the Borrowers or Parent for such period prepared in accordance with GAAP as capital expenditures; provided, however, that (a) expenditures for or in respect of a Permitted Acquisition shall not constitute Capital Expenditures, and (b) Capital Expenditures shall not include Special Asset Disposition Capital Expenditures.”
(b) The definition of “EBITDA” set forth in Schedule 1.1 to the Credit Agreement is hereby amended by deleting such definition in its entirety and replacing it with the following: “ ‘EBITDA’ means, with respect to any fiscal period, Parent’s consolidated net earnings (or loss), minus extraordinary gains (including gains resulting from the Special Asset Disposition), the positive amount, if any, of Special Asset Disposition EBITDA, other non-cash gains and interest income, plus non-cash extraordinary losses (including losses resulting from the Special Asset Disposition), other non-cash expenses or losses, Interest Expense, income taxes, and depreciation and amortization for such period, in each case, determined on a consolidated basis in accordance with GAAP. For the purposes of calculating EBITDA for any Reference Period, if at any time during such Reference Period (and after the Closing Date), Parent or any of its Subsidiaries shall have made a Permitted Acquisition, EBITDA for such Reference Period shall be calculated after giving pro forma effect thereto (including pro forma adjustments arising out of events which are directly attributable to such Permitted Acquisition, are factually supportable, and are expected to have a continuing impact, in each case determined on a basis consistent with Article 11 of Regulation S-X promulgated under the Securities Act and as interpreted by the staff of the SEC) or in such other manner acceptable to Agent as if any such Permitted Acquisition or adjustment occurred on the first (1st) day of such Reference Period.”
