Amendment of Section 7.01. (a) Section 7.01(a) of the Existing Credit Agreement is hereby amended by deleting the ultimate “and” in clause (xiii) thereof, replacing the “.” in clause (xiv) thereof with “; and” and adding a new clause (xv) at the end thereof to read in its entirety as follows:
(xv) the Term Loan Facility and any Term Loan Refinancing Indebtedness in respect thereof.”
(b) Section 7.01(b) of the Existing Credit Agreement is hereby amended by deleting the ultimate “and” in clause (x) thereof, replacing the “.” in clause (xi) thereof with “; and” and adding a new clause (xii) at the end thereof to read in its entirety as follows:
(xii) the Term Loan Facility and any Term Loan Refinancing Indebtedness in respect thereof.”
Amendment of Section 7.01. Section 7.01 of the Agreement (Conditions to Obligations of the Seller) is hereby amended and restated in its entirety to read as follows: “The obligations of the Seller to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or waiver by the Seller (other than those conditions in Sections 7.01(a) and 7.01(c) which may not be waived) at or prior to the Closing, of each of the following conditions:
Amendment of Section 7.01. In respect of the 2018 Notes only, the provisions of Section 7.01 of the Indenture are amended by deleting the text of clause (a)(4) and inserting in lieu thereof the phrase “[intentionally omitted]” and by deleting the text of clause (b)(4) and inserting in lieu thereof the phrase “[intentionally omitted]”. Such provisions shall be deemed not to have been deleted in respect of the 2021 Notes.
Amendment of Section 7.01. Section 7.01 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Amendment of Section 7.01. (a) Sections 7.01(b) (1) and (2) of the Indenture are hereby deleted and replaced in their entirety by the following:
(1) the entry of a decree or order by a court having jurisdiction in the premises for relief in respect of the Guarantor or any Principal Subsidiary Bank under Title 11 of the United States Code, as now constituted or as hereafter amended, or any other applicable Federal or State bankruptcy law or other similar law, or appointing a receiver, trustee or other similar official (except for the appointment of a conservator) of the Guarantor or any Principal Subsidiary Bank or of substantially all of its property, or ordering the winding-up or liquidation of its affairs under any such law and the continuance of any such decree or order unstayed and in effect for a period of 60 consecutive days;
(2) the filing by the Guarantor or any Principal Subsidiary Bank of a petition or answer or consent seeking relief under Title 11 of the United States Code, as now constituted or as hereinafter amended, or any other applicable Federal or State bankruptcy law or other similar law, or the consent by it to the institution of proceedings thereunder or to the filing of any such petition or to the appointment or taking possession of a receiver, trustee, custodian or other similar official (except for the appointment of a conservator) of the Guarantor or any Principal Subsidiary Bank or of substantially all of its property under any such law, or the Guarantor or any Principal Subsidiary Bank shall take any corporate action in furtherance of any such action; or
(b) Section 7.01(c) of the Indenture is hereby amended by deleting the word "or" at the end of subsection (3) thereof, deleting the period at the end of subsection (4) thereof and substituting a semicolon therefor, and adding after subsection (4) the following additional subsections:
Amendment of Section 7.01. Section 7.01 of the Credit Agreement is hereby amended to add to it the following subsection: “(w) an Event of Default under the Short-Term Liquidity Facility.”
