4 of the Credit Agreement. Section 1.4 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
4 of the Credit Agreement. Section 2.4(B)(ii) is hereby amended and restated to read as follows:
4 of the Credit Agreement. Section 2.4(A) of the Credit Agreement is hereby amended by deleting each reference to “$1,000,000” and “$500,000” and substituting respectively “$250,000” and “$100,000.”
4 of the Credit Agreement. Section 7.2.4 of the Credit Agreement is hereby amended by deleting the text of clauses (a), (c) and (d) thereof and replacing them in their entirety with the following:
4 of the Credit Agreement. Section 2.1.4 of the Credit Agreement is hereby amended by (a) deleting the comma immediately after the word "if" in clause (b) thereof and substituting in lieu thereof the phrase "(a)" and (b) inserting immediately prior to the period at the end of clause (b) thereof the following: or (b) the Company shall not have received a new capital contribution, from any of the DLJMB Entities, their affiliates, or members of management or employees of the Company and its Subsidiaries, in the form of senior unsecured debt, of at least $9,100,000 by January 15, 2001 (the "Initial DLJMB Contribution"); provided, however, that the terms and conditions of such capital contribution shall (i) be consistent with the terms annexed hereto as Exhibit "A" and otherwise in form and substance satisfactory to the Lenders and permissible under the terms of the Senior Subordinated Note Indenture, (ii) have a maturity date beyond the final maturity date of the Loans, (iii) provide for the assignment to the Lenders of the rights to receive all payments and distributions thereunder such that those making such a capital contribution shall purchase a participation (without voting rights) in the Loans, and (iv) not permit prepayment of such capital contribution prior to the payment of the Obligations in full.
4 of the Credit Agreement. Section 7.2.4 of the Credit Agreement is hereby amended by adding the following new clause (e) thereto: Waiver and Fourth Amendment to Third Amended and Restated Credit Agreement
4 of the Credit Agreement. Section 7.2.4 of the Credit Agreement is hereby amended by deleting “June 30” and inserting in place thereof “December 31”.
4 of the Credit Agreement. As of the Fifth Amendment Effective Date, Section 1.4 of the Credit Agreement is hereby amended by deleting such Section in its entirety and replacing it with the following:
4 of the Credit Agreement. For purposes hereof, whenever this Agreement contemplates that cover shall be provided for Contingent Secured Obligations, such cover shall be effected by the payment to the Administrative Agent of any amount that will be deposited into a cash collateral account to be held by the Administrative Agent as collateral security for the payment of such Contingent Secured Obligations as and when they become due and payable.
4 of the Credit Agreement. The Administrative Agent consents to the addition of the lenders as listed on Annex A hereto. The parties hereto have caused this Third Amendment to be duly executed and delivered by their duly authorized officers as of the date first set forth above. PRIMORIS SERVICES CORPORATION By: /s/ Xxxx Xxxxxxxx EVP THE PRIVATEBANK AND TRUST COMPANY, as Administrative Agent, Collateral Agent and as a Lender By: /s/ Xxxx X. X’Xxxxxxx Managing Director THE BANK OF THE WEST, as Co- Lead Arranger and as a Lender By: /s/Xxxxx X. Xxxxxx Vice President, Commercial Banking Group IBERIABANK, as a Lender By: /s/ Xxxx X. Xxxxxx Senior Vice President BRANCH BANKING AND TRUST COMPANY, as a Lender By: /s/ Xxxxx X. Xxxx Senior Vice President UMB BANK, n.a. as a Lender By: /s/ S. Xxxxx Xxxxx S.V.P. ANNEX A LENDERS AND PRO RATA SHARES Lender Revolving Commitment Amount Pro Rata Share The PrivateBank and Trust Company $ 40,000,000 32 % The Bank of the West $ 35,000,000 28 % IBERIABANK $ 20,000,000 16 % Branch Banking and Trust Company $ 15,000,000 12 % UMB BANK, n.a. $ 15,000,000 12 % TOTALS $ 125,000,000 100 % ANNEX B ADDRESSES FOR NOTICES PRIMORIS SERVICES CORPORATION, as Borrower: Xxxx X. Xxxxxxxx Xx. Vice President/General Counsel 00000 Xxxxxxxxxxxx Xx. Xxxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 THE PRIVATEBANK AND TRUST COMPANY, as Administrative Agent, Issuing Lender and a Lender:
