Amendments to Mortgage Sample Clauses

Amendments to Mortgage. Section 4.01. So long as any of the Bonds of the Fortieth Series remain Outstanding, Section 7 of the Mortgage is amended by adding at the end thereof the following additional paragraphs: If any bonds Outstanding at the date of a Net Earning Certificate (except any for the refunding of which the bonds applied for are to be issued) or any bonds then applied for in pending applications (including the application in connection with which such Net Earning Certificate is made) bear or are to bear interest at a variable rate or variable rates such that the interest requirements with respect to such bonds for any twelve (12) month period prior to the stated maturity date of such bonds are not determinable at the date of such Net Earning Certificate (any such bonds being referred to as “Variable Rate Bonds”), then (in lieu of setting forth the Annual Interest Requirements (as otherwise prescribed by this Section 7), such Net Earning Certificate shall (A) set forth (i) the sum of the amounts required by clauses (i) through (iv) of paragraph (B) of this Section 7 (in the case of such clauses (i) and (ii), excluding the interest requirements in respect of the Variable Rate Bonds) (the sum of such amounts being referred to herein and to be referred to in such Net Earning Certificate as the “Fixed Rate Interest Amount”), and (ii) the amount (referred to herein and to be referred to in such Net Earning Certificate as the “Maximum Permitted Variable Rate Interest Amount”) by which (x) one-half of the Adjusted Net Earnings of the Company set forth in such Net Earning Certificate, exceeds (y) the Fixed Rate Interest Amount set forth in such Net Earning Certificate, and (ii) if such Net Earning Certificate is accompanied by a certificate of an independent (as hereinafter defined) investment banking firm, signed by a managing director or officer thereof, to the effect that, based upon historical fluctuations in the indices upon which the variable rate or variable rates borne by the Variable Rate Bonds are based, and taking into account the margins to be added to or subtracted from such indices and/or any other adjustments to be made in determining such variable rate or variable rates and prevailing and projected conditions in the markets influencing such indices, such independent (as hereinafter defined) investment banking firm believes (or is of the view), as of the date of such certificate, that the aggregate amount of interest to be payable on all of the Variable Rate Bon...

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Amendments to Mortgage. (a) The defined term “Note” as used in the Mortgage is hereby amended to mean the Term Note and the Revolving Credit Facility Note and to include the obligations of the Mortgagor in respect of the Term Note and the Revolving Credit Facility Note in the obligations secured by the Mortgage. Any reference to the singular term “Note” in the Mortgage shall be deemed to be a reference to the plural term “Notes.” (b) The defined term “Credit Documents” as used in the Mortgage is hereby amended to mean the Loan Agreement, the other Loan Documents, and any and all other documents, instruments and agreements evidencing or relating to the Liabilities and all amendments, modifications or restatements of the same.

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Amendments to Mortgage. (a) The first Recital on page 1 of the Mortgage is hereby amended and restated in its entirety to read as follows:

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Amendments to Mortgage. SECTION 1. Section 1.03 of the Original Indenture is amended by adding at the end thereof the following additional paragraph: Notwithstanding anything herein to the contrary, with respect to each Net Earnings Certificate required at any time at which (a) any of the First Mortgage Bonds of the 5.01% Series are Outstanding under the Indenture, and (b) any bonds are outstanding under the Company’s Mortgage and Deed of Trust, dated as of October 1, 1945 relating to the Company’s utility property in the states of Montana and Wyoming (the “Montana Mortgage”), the “Adjusted Net Earnings of the Company” shall be, and shall be stated in such Net Earnings Certificate to be, the lesser of (A) the amount (for the applicable period selected in accordance with paragraph (a) of this Section 1.03) determined in accordance with paragraph (a) of this Section 1.03 (and the other provisions of this Section 1.03 that are relevant to such paragraph) on the basis of (i) the items set forth in clauses (i) and (ii) of paragraph (a) of this Section 1.03 being such portions of such items of the Company as have been reasonably allocated by the Company to or from the Mortgaged Property as a plant or plants and an operating system or operating systems in a manner consistent with the manner of allocation utilized and/or to be utilized by the Company in making calculations of the “Adjusted Net Earnings of the Company” under and as defined in the Montana Mortgage, and (ii) the item set forth in clause (iv) of paragraph (a) of this Section 1.03 being calculated without regard to income derived by the Company from any electric and/or gas utility business of the Company in which the Mortgaged Property is not utilized (but otherwise in accordance this Section 1.03), and (B) the amount (for the applicable period selected in accordance with paragraph (a) of this Section 1.03) determined in accordance with paragraph (a) of this Section 1.03 (and the other provisions of this Section 1.03 that are relevant to such paragraph) without any allocation or distinction as to the derivation of the items set forth in any of the clauses of paragraph (a) of this Section 1.03, other than allocation or distinction between (i) the electric and/or gas utility business or businesses in which the Company is engaged (whether or not the Mortgaged Property is utilized in connection therewith), and (ii) the other business or businesses (if any) in which the Company is engaged (with such other business or businesses be...

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Amendments to Mortgage. The Borrower will execute and deliver all documents and instruments, make all filings and registrations and perform all other actions necessary in connection with any amendments to the Mortgage requested by the Loan Servicer after the Financial Closing Date.

Amendments to Mortgage. The Mortgage is hereby amended as follows: A. Article I is hereby amended by deleting the following definitions in their entirety and replacing them with the following:

Amendments to Mortgage. The first WHEREAS clause of the Existing Mortgage is hereby amended and restated in its entirety as follows:

Amendments to Mortgage. (a) The defined term "Notes" as used in the Mortgage is hereby amended to mean the Revolving Credit Facility Note and the Term Loan Note.

Amendments to Mortgage. The parties intend for the additional indebtedness extended by the Lender to the Borrowers and described in Section 2.1 below to be covered by Section 1.15 of the Mortgage relating to future advances. The Mortgage is hereby amended as follows: 2.1 Paragraph (a) on page 3 of the Mortgage is amended in its entirety to read as follows: (a) All loans, advances, indebtedness, obligations and liabilities now or from time to time hereafter owing by Mortgagor, Crown Crafts, Inc., a Delaware corporation (“CCI”), Crown Crafts Infant Products, Inc., a Delaware corporation (“CCIP”) and Hamco, Inc., a Louisiana corporation (“Hamco”; together with Mortgagor, CCI and CCIP, the “Borrowers” and each a “Borrower”), to Lender under that certain Financing Agreement, dated of even date herewith (such Financing Agreement and the First Amendment thereto dated November 5, 2007, as it may hereafter be amended from time to time, being hereinafter called the “Financing Agreement,” capitalized terms used but not otherwise defined herein having the same meaning given therein), or under any agreement, instrument or document executed or delivered to Lender in respect of the Financing Agreement or the transactions contemplated thereby, pursuant to which Lender has agreed to make a total credit facility of $31,000,000 available to the Borrowers, including, without limitation: (i) A term loan to the Borrowers in the principal amount of $5,000,000 evidenced by the Borrowers’ $5,000,000 Promissory Note (the “Note”), dated of even date with the First Amendment to the Financing Agreement and which Note by this reference is incorporated herein and made a part hereof, which Note has a maturity date of November 1, 2009; and (ii) A $26,000,000 revolving line of credit pursuant to which revolving loans may be made, repaid and readvanced in accordance with and evidenced by the Financing Agreement up to an aggregate principal amount of such revolving loans outstanding at any one time in the sum of $26,000,000, which revolving loans have a maturity date of July 11, 2010.” 2.2 The first full paragraph on page 4 of the Mortgage beginning with the words “The Financing Agreement” is amended in its entirety to read as follows: “The Financing Agreement, this Mortgage, the Note and all other instruments, agreements, documents and guaranty agreements executed in connection with the Financing Agreement or the transactions contemplated thereby are hereinafter collectively called the “Loan Documents”.” 2.3 Secti...

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