Amendment to Definition of "Consolidated EBITDA"

Amendment to Definition of "Consolidated EBITDA". The definition of "Consolidated EBITDA" set forth in Section 1.01 of the Credit Agreement is hereby amended by (i) replacing the two references, in the first proviso of such definition, to "Permitted Acquisitions" with references to "Permitted Acquisitions or Equivalent Dispositions" and (ii) amending and restating in its entirety Subsection (h), as follows: "(h) reasonable fees, costs and expenses incurred in connection with the Transaction, the restructuring of the Existing Credit Agreement... and the Note Purchase Agreement, the Second Amendment and the related amendment to the Note Purchase Agreement, and the refinancing of the Maturing Senior Notes;" View More

Amendment to Definition of "Consolidated EBITDA". The definition of "Consolidated EBITDA" set forth in Section 1.01 of the Credit Agreement is hereby amended by amending and restating in its entirety Subsection (h), as follows: "(h) reasonable fees, costs and expenses, without duplication, incurred in connection with (i) the Seventh Amendment and the related amendment to the Note Purchase Agreement, (ii) the Eighth Amendment and Refinancing Issuance (as defined therein), (iii) the Senior Note Refinancing, (iv) any future amendment,... restatement, supplement or other modification of this Agreement or any of the other Credit Documents, and (v) to the extent permitted hereunder, the issuance of Equity Interests and debt securities by the Partnership (it being agreed that the addback described in this clause (h) shall be permitted with respect to each amendment or other transaction described in this clause (h) irrespective of whether such amendment or transaction is actually consummated);" View More

Amendment to Definition of "Consolidated EBITDA". The definition of "Consolidated EBITDA" set forth in Schedule B of the Existing Note Agreement is hereby amended by amending and restating in its entirety Subsection (h) as follows: "(h) reasonable fees, costs and expenses incurred in connection with the Transaction, the restructuring of the Existing Credit Agreement and the Existing Note Agreement, the Second Amendment and the related amendment to the Credit Agreement, the High Yield Note Transaction, the Fourth Amendment and the related... amendment to the Credit Agreement, and the Seventh Amendment and the related amendment to the Credit Agreement (including the issuance of Equity Interests described therein)," View More

Amendment to Definition of "Consolidated EBITDA". The definition of "Consolidated EBITDA" set forth in Schedule B of the Existing Note Agreement is hereby amended by adding the parenthetical phrase "(other than any changes arising as a result of the Highland Capital Sale)" after the phrase "for any changes" in the second sentence of such definition.