Amendment to Article II of the Credit Agreement. Article II of the Credit Agreement is hereby amended by inserting the following new Section 2.14 at the end thereof:
Amendment to Article II of the Credit Agreement. Article II of the Credit Agreement shall be amended as follows:
Amendment to Article II of the Credit Agreement. The proviso to Section 2.09(b)(ii) of the Credit Agreement is hereby amended by inserting “September 10, 2008” in lieu of “August 10, 2008”.
Amendment to Article II of the Credit Agreement. Article II of the Credit Agreement is hereby amended as follows:
(a) Section 2.01(b) of the Credit Agreement is hereby amended by deleting the last sentence of Section 2.01(b) in its entirety and restating it as follows: “The proceeds of the Revolver Loans shall be used to fund Permitted Acquisitions, to fund the Investments by the applicable Borrowers in the Basin JV, to finance Capital Expenditures and for general corporate purposes (which, for the avoidance of doubt, can include working capital needs), provided, however, the aggregate amount of Revolver Loans used to finance general corporate purposes shall not exceed $75,000,000 outstanding at any time and, provided, further, that the aggregate amount of Revolver Loans used to fund the initial Investment by the applicable Borrowers in the Basin JV or to fund all or any portion of the Target Acquisition shall not exceed the aggregate amount of any repayments made on the Revolver Loan from and after the Ninth Amendment Effective Date with the proceeds of the Term Loan not otherwise used to fund the Basin JV Acquisition or the Target Acquisition, as the case may be.”
(b) Section 2.01 of the Credit Agreement is further amended by inserting immediately after the text of Section 2.01(b) the following new paragraph:
(c) Subject to the terms and conditions set forth herein, each Lender with a Term Loan Commitment severally agrees to make a single loan to the Borrowers on the Ninth Amendment Effective Date in an amount not to exceed such Lender’s Applicable Percentage of the Aggregate Term Loan Commitments. The Borrowing of such Term Loan shall consist of Term Loans made simultaneously by the Lenders with a Term Loan Commitment in accordance with their respective Applicable Percentage of the Aggregate Term Loan Commitments. Amounts borrowed under this Section 2.01(c) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans, Cost of Fund Rate Loans or Eurodollar Rate Loans, as further provided herein. The parties hereto hereby agree that the proceeds of the Term Loans are being used to fund the first to occur of the Basin JV Acquisition or the Target Acquisition, as the case may be and, to the extent neither the Basin JV Effective Date nor the Target Acquisition Effective Date has occurred by February 28, 2013, then the Term Commitments of each Lender shall, on such date, immediately and without any further action be reduced to $0.
Amendment to Article II of the Credit Agreement. Section 2.09(b)(ii) of the Credit Agreement is hereby amended by inserting the following after the phrase “for such prior fiscal year”: “; provided that, solely for the fiscal year ending October 31, 2007, such prepayment, if any, shall be made (and shall be due and payable) on or before May 10, 2008”
Amendment to Article II of the Credit Agreement. Section 2.09 of the Credit Agreement is hereby amended (i) by adding the words “Section 2.09(c) and, in the case of Eurocurrency Loans” immediately before the reference to “Section 3.05” therein, (ii) by deleting the phrase “,in the case of Eurocurrency Loans,” immediately following the reference to “Section 3.05” therein and (iii) by adding the following as a new subsection (c):
Amendment to Article II of the Credit Agreement. Section 2.1 (a) of the Credit Agreement "Revolving Loans" (as amended) is hereby further modified and amended by deleting the last paragraph thereof in its entirety and substituting the following therefor: "Notwithstanding anything to the contrary contained herein, in no event shall the Borrower be permitted to borrow Revolving Loans in a principal amount greater than $45,000,000 (the "Borrowing Cap") until the earlier of (a) the Fourth Amendment Termination Date; provided, however, that after the Fourth Amendment Termination Date, the Borrowing Cap shall not exceed $50,000,000, or (b) the date upon which Borrower has demonstrated to the satisfaction of the Agent that Borrower is in compliance with all of the financial covenants set forth in Section 5.9 hereof, as such Section 5.9 was in effect on September 30, 1998 without giving effect to any subsequent amendments thereto, and upon such compliance date the Borrowing Cap shall terminate."
Amendment to Article II of the Credit Agreement. (a) Section 2.01(b) of the Credit Agreement is hereby amended by adding “on the Closing Date” to the second sentence thereof after “The Term B Borrowing”.
(b) Section 2.01 of the Credit Agreement is hereby amended by adding the following new paragraph (e):
Amendment to Article II of the Credit Agreement. Article II of the Credit Agreement is hereby amended by:
(a) amending Section 2.05(d) in its entirety to read as follows: “Any Net Cash Proceeds shall be immediately applied (and in any event, within two Business Days of the receipt thereof) as a mandatory prepayment on the Loans.”;
(b) amending Section 2.05(e) in its entirety to read as follows: “Any Extraordinary Receipts shall be immediately applied (and in any event, within two Business Days of the receipt thereof) as a mandatory prepayment on the Loans.”;
(c) amending Section 2.05(h) in its entirety to read as follows: “Any net cash proceeds of an offering of Equity Interests of the Borrower shall be immediately applied (and in any event, within two Business Days of the receipt thereof) as a mandatory prepayment of the Term Loan.”; and
(d) amending subsection 2.08(a) by adding the following sentence to the end thereof: “Notwithstanding anything to the contrary contained herein, in no event shall any Base Rate be lower than 4.0% per annum and in no event shall any Eurodollar Rate be lower than 3.0% per annum.””
Amendment to Article II of the Credit Agreement. Section 2.09(b)(v) of the Credit Agreement is hereby amended by inserting the following sentence as a new second sentence: "Notwithstanding anything to the contrary contained in this subsection (v), within five Business Days after receipt by any Group Company of proceeds from any Special Foreign Asset Disposition, the Borrower shall prepay the Loans and/or Cash Collateralize or pay the LC Obligations in an aggregate Dollar Amount equal to 20% of the Net Cash Proceeds thereof."
