Additional Provisions; Amendments to Loan Documents. (a) Unless previously terminated, the New Incremental Loan Commitments shall terminate immediately after the making of the New Incremental Loans to the Borrower on the New Incremental Funding Loan Date and the Administrative Agent is hereby authorized to xxxx the Register accordingly to reflect the loans and adjustments set forth herein.
(b) Effective as of the Amendment No. 2 Effective Date, the Credit Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in Exhibit A hereto. References in the Credit Agreement (including references to the Credit Agreement as amended hereby) to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) shall be deemed to be references to the Credit Agreement as amended hereby.
(c) The definition of “Excluded Collateral” in the Guarantee and Collateral Agreement is hereby amended as follows:
(i. to fully amend and restate clause (ii) as follows: “the Capital Stock of any Excluded Subsidiary, to the extent that the organizational documents thereof or other contractual arrangements relating thereto, provide that the grant or perfection of a security interest therein would (A) constitute a violation thereof or result in an abandonment, invalidation or unenforceability of any right or assets of the relevant Loan Party or (B) result in a breach, termination (or right of termination) or default under such contract, instrument or other document, provided, however, that in respect of any Bona Fide Joint Venture, this clause (ii) is only applicable to the extent that the Borrower or its applicable Subsidiary has used commercially reasonable efforts to be permitted to pledge the Capital Stock of such Bona Fide Joint Venture,”
