200302132 - Laserfiche WebLink

Browse

200'302132 withdrawal of proceeds of insurance or other cash) pursuant to Article Eight of the Original Indenture (as supplemented), or (d) the execution and delivery of an indenture supplemental to the Indenture (any such request or application being referred to as an "Application "), in any such case, unless the Company shall have given to the Administrative Agent, at least the Required Number of Days (as hereinafter defined) prior to the submission to the Trustee of such Application, notice of its intention to apply to the Trustee for the taking of such action (an "Administrative Agent Notice"), and (ii) the Company shall have furnished to the Trustee, in addition to the other materials required by the provisions of the Original Indenture (as supplemented) to be furnished to the Trustee as part of such Application, a copy of the Administrative Agent Notice with respect to such Application and an Officer's Certificate to the effect that at least the Required Number of Days has elapsed subsequent to the giving by the Company to the Administrative Agent of the Administrative Agent Notice with respect to such Application and prior to the submission to the Trustee of such Application (an "Administrative Agent Notice Certificate "). Receipt by the Trustee of a copy of the Administrative Agent Notice and the Administrative Agent Notice Certificate with respect to an Application shall be conditions to any action applied for in such Application. As used herein, `Required Number of Days" means, with respect to an Application, three (3) Business Days (as defined in Article I, Section 1 of this Supplemental Indenture)' or such shorter period of time to which the Administrative Agent shall have agreed in writing. For the avoidance of doubt, it is expressly stated that (i) an Administrative Agent Notice may cover one or more different Applications and/or one or more different actions to be taken pursuant to the same or different provisions of the Original Indenture (as supplemented), and (ii) notwithstanding the number of Applications or actions covered by an Administrative Agent Notice, such Administrative Agent Notice need be given by the Company to the Administrative Agent only once (at least the Required Number of Days prior to the submission to the Trustee of the first Application covered by such Administrative Agent Notice). ARTICLE V 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, (i) with respect to the Net Earnings Certificate required as a condition to the issuance of New Mortgage Bonds of the Credit Agreement (2002) Series pursuant to Section 4.03 and, if applicable, Section 4.04 of the Original Indenture, and (ii) with respect to each Net Earnings Certificate required at any time at which (a) any of the New Mortgage Bonds of the Credit Agreement (2002) Series are Outstanding under the Indenture, and (b) any bonds are outstanding under 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 19 NY552ID938.13