Amendment of the Credit Agreement. Effective as of the Initial Effective Date,
(a) Section 1.01 of the Credit Agreement is hereby amended as follows:
(i) By inserting the following defined terms:
Amendment of the Credit Agreement. The Credit Agreement is hereby amended, effective as of the First Amendment Effective Date (as defined below), as follows:
Amendment of the Credit Agreement. (a) Subsection 1.1 of the Credit Agreement is hereby amended by adding the following new definitions, to appear in proper alphabetical order:
Amendment of the Credit Agreement. The Credit Agreement is, effective as of the Amendment No. 1 Effective Date, hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Credit Agreement attached as Exhibit A hereto.
Amendment of the Credit Agreement. It is hereby agreed and understood that, subject to the complete fulfillment and performance of the conditions precedent set forth in Section 4 of this Amendment, the Credit Agreement is hereby amended and modified as follows:
Amendment of the Credit Agreement. The Credit Agreement is hereby amended as follows:
Amendment of the Credit Agreement. The Credit Agreement is hereby amended in accordance with Exhibit A hereto by (a) deleting each term thereof which is lined out and (b) inserting each term thereof which is double underlined, in each case in the place where such term appears therein.
Amendment of the Credit Agreement. (a) Section 1.01 of the Credit Agreement is hereby amended as follows:
(i) By inserting the following defined terms:
Amendment of the Credit Agreement. The Credit Agreement is hereby amended as follows:
(a) The following new definition is hereby added to Section 1.01 of the Credit Agreement: “Amendment Effective Date” means April 5, 2007.
(b) The definition of the term “Applicable Rate” in Section 1.01 of the Credit Agreement is hereby revised by replacing paragraph (a) thereof in its entirety with the following:
(a) with respect to Term Loans, (i) 2.00% for Eurocurrency Rate Loans and (ii) 1.00% for Base Rate Loans; provided, however, that if the corporate family rating of the Borrower by Xxxxx’x is B2 (with a review for possible downgrade) or lower or the corporate credit rating of the Borrower by S&P is B (with a credit watch with negative implications) or lower, then the Applicable Rate shall be (x) 2.25% for Eurocurrency Rate Loans and (y) 1.25% for Base Rate Loans. A change in the “outlook” of the Borrower by either Moody’s or S&P shall have no effect on the Applicable Rate.”
(c) Section 2.05(c) is hereby amended by replacing such Section in its entirety with the following: “All prepayments of the Term Loans effected after the Amendment Effective Date and on or prior to the first anniversary of the Amendment Effective Date with the proceeds of a substantially concurrent issuance or incurrence of new loans under any secured facilities pursuant to this Agreement or otherwise which new loans are incurred for the primary purpose of decreasing the Applicable Rate with respect to such Term Loans shall be accompanied by a prepayment fee equal to 1.00% of the aggregate amount of such prepayments.”
(d) Section 3.07(e) of the Credit Agreement is hereby amended by replacing such Section in its entirety with the following: “If any Non-Consenting Lender is required to assign any Term Loans pursuant to this Section 3.07 in connection with such Non-Consenting Lender’s failure to approve any amendment to this Agreement the primary purpose of which is to decrease the Applicable Rate with respect to such Term Loans and such assignment will become effective after the Amendment Effective Date and on or prior to the first anniversary of the Amendment Effective Date, then the Borrower agrees to pay such Non-Consenting Lender a fee in an amount equal to 1.00% of such Term Loans outstanding on the effective date of such assignment. Notwithstanding anything to the contrary contained in Section 10.01, this paragraph shall not be waived, amended or modified without the written consent of each Lender adversely affected thereby...
Amendment of the Credit Agreement. The Credit Agreement is hereby amended by amending the definition of "Termination Date" contained in Section 1 to read in its entirety as follows:
