Amendment of Section 2.01. Section 2.01(b) of the Merger Agreement hereby is replaced in its entirety with the following:
(b) Subject to the terms and conditions of this Agreement, pursuant to the Plan of Arrangement and in accordance with the CBCA, at the Plan of Arrangement Effective Time, TZ Canada will effect the Arrangement pursuant to which, among other things, all of the outstanding shares of TZ Canada will be acquired in the manner set forth in the Plan of Arrangement.”
Amendment of Section 2.01. Section 2.01 of the Pooling and Servicing Agreement is hereby amended by deleting the last paragraph thereof in its entirety and inserting in its place the following: Pursuant to the request of the Seller, the Trustee shall cause Certificates in authorized denominations evidencing interests in the Trust to be duly authenticated and delivered to or upon the order of the Seller pursuant to Section 6.02.
Amendment of Section 2.01. Section 2.01 of the Credit Agreement is revised by changing clause (a) of the first sentence thereof to read as follows: “
(a) each Term Lender has, pursuant to the Second Amendment, agreed to make Term Loans to the Borrower on the Second Amendment Effective Date in an aggregate principal amount not exceeding its Term Loan Commitments and”.
Amendment of Section 2.01. Section 2.01(a)(i) is amended and restated to read in its entirety as follows:
Amendment of Section 2.01. Section 2.01 of the Credit Agreement shall be amended by (i) adding the phrase “plus the Permitted Non-Affiliate Loan Reserve” immediately after the phrase “plus the Swing Line Exposure” contained in the first sentence thereof, and (ii) adding the phrase “and of the Permitted Non-Affiliate Loan Reserve” immediately after the phrase “LC Obligations then outstanding” contained in the second sentence thereof.
Amendment of Section 2.01. Section 2.01 of the Pooling ------------------------- and Servicing Agreement shall be deleted in its entirety and replaced with the following:
Amendment of Section 2.01. Section 2.01 is revised by changing clause (a) of the first sentence thereof to read as follows:
(a) to make a Term Loan to the Borrower on the First Amendment Effective Date (subject to the terms and conditions of the First Amendment) in a principal amount not exceeding its Term Loan Commitment and in the manner contemplated by the First Amendment and”.
Amendment of Section 2.01. Section 1.07 of the Credit Agreement is hereby amended and restated so that it reads in its entirety as follows (deleted text is indicated by strikethrough formatting; added text is indicated in bold, italicized and underscored type):
Amendment of Section 2.01. Section 2.01 of the Credit Agreement is amended by adding the following:
Amendment of Section 2.01. The parties hereto hereby agree to amend Section 2.01 by:
(a) adding the word “Original” immediately before each occurrence of the word “Notes” or “Note” in the existing Section 2.01; and
(b) adding the following new paragraph at the end of Section 2.01: “On or about the execution and delivery of the Second Amendment to the Purchase Agreement, each Borrower will authorize the issuance and sale of the $40,000,000 aggregate principal amount of the Supplemental Notes (plus additional Supplemental Notes issued as payment-in-kind for interest due, to the extent permitted in the Supplemental Notes), each such Supplemental Note to be in the form of Exhibit A-1 hereto. The terms of the Supplemental Notes shall be identical to the terms of the Original Notes. The Supplemental Notes shall be subject to the provisions of the Purchase Agreement.”
