Amendment of Article III. Article III of the Credit Agreement is hereby amended by adding a new Section 3.21 that reads in its entirety as follows:
Amendment of Article III. Article III of the Contribution Agreement is hereby amended by adding the following new Section 3.23:
Amendment of Article III. Article III of the Agreement is hereby amended by deleting Section 3.01 in its entirety and substituting therefor a new Section 3.01 which shall read as follows: Window Period; Other than for Cause
Amendment of Article III. Article III of the Restated Agreement is hereby amended and restated in its entirety to read as follows:
Amendment of Article III a. Section 3.2(f) is amended by deleting said Section in its entirety and replacing it with the following: “Macy’s Matters. In accordance with and subject to this Section 3.2, FDS Bank shall have the ultimate decision-making authority with respect to the matters set forth on Schedule 3.2(f); provided that if any new Program Policy or Feature is implemented at Macy’s Companies’ request as a Macy’s Matter, or a material change to an existing unique, Program Policy or Feature is implemented as a Macy’s Matter and such new Program Policy or Feature or material change to a unique Program Policy or Feature is not implemented in any other Retail Services Credit Card Program, Macy’s Companies agrees that, in addition to any other Program Expenses Bank may charge in accordance with Schedule 1.1(g), any incremental costs associated with making the change and such costs shall be deemed Program Expenses and shall not be subject to, or included in the calculation of, any cost caps designated in Schedule 1.1(g) including the Bank System Cost Cap. Bank will provide Macy’s Companies with an estimate of the incremental costs associated with making the change prior to implementation (“Cost Projection”). All disputes related to the Cost Projection will be resolved in accordance with Section 12.3. Notwithstanding anything to the contrary in this Agreement, any expense incurred as a result of (i) recurring updates to existing Program Policies or Features that are unique to the Program, (ii) customization of existing “white label” features or functionality or (iii) any changes or customizations necessary to accommodate bank ownership status (e.g., FDS Bank versioning of Cardholder letters) shall be Program Expenses and subject to the cost caps designated in schedule 1.1(g) including the Bank System Cost Cap.”
Amendment of Article III. In Article III (The Letters of Credit), each reference to "Revolving Loans" shall be deleted and the term "Tranche A Revolving Loans" substituted therefor.
Amendment of Article III. Amendment of Sections 3.01, 3.02 and 3.03. Sections 3.01, 3.02 and 3.03 of the Indenture are hereby amended and restated to read in their entirety as follows:
Amendment of Article III. 1. The co-productions must be made by Canadian or Spanish directors or directors who are permanent residents of Canada or residents in Spain or a national of a member state of the European Union, with the participation of technicians and performers of Canadian or Spanish nationality, or permanent residents of Canada or residents in Spain or a national of a member state of the European Union.
