Amendment to Article VII of the Credit Agreement. Article VII of the Credit Agreement is hereby amended as follows:
(a) Section 7.01 of the Credit Agreement is hereby amended by deleting Section 7.01(j) in its entirety and restating it as follows:
Amendment to Article VII of the Credit Agreement. Clause (n) of Article VII of the Credit Agreement shall be amended and restated in its entirety to read in full as follows:
Amendment to Article VII of the Credit Agreement. Effective as of the Second Amendment Closing Date, clause (s) of Article VII of the Credit Agreement is hereby amended by deleting the phrase “based on any such” and replacing it with the phrase “that evidences its”.
Amendment to Article VII of the Credit Agreement. Paragraph (f) of Article VII of the Credit Agreement is hereby amended by adding after the semicolon at the end thereof the following: "provided, however, that if none of the primary obligors on such Indebtedness (which, for purposes of this proviso, shall not include any guarantor thereof or any joint obligor thereon that is not the primary borrower) is a Loan Party or a Restricted Subsidiary, then any such failure referred to in clause (i) or (ii) above shall not constitute a Default or an Event of Default unless and until (x) such Indebtedness is Guaranteed by any Loan Party or any Restricted Subsidiary (or any Loan Party or any Restricted Subsidiary otherwise is or becomes obligated on such Indebtedness), (y) the holder or holders of such Indebtedness or a trustee on its or their behalf shall notify the Loan Party or Restricted Subsidiary providing such Guarantee (or being so obligated) that payment is due thereunder or shall take any other action against such Loan Party or Restricted Subsidiary to enforce or collect the same and (z) Lenders having Loans and L/C Exposure representing at least 66-2/3% of the sum of all Loans outstanding and L/C Exposure in their sole discretion shall notify the Borrower that an Event of Default has occurred hereunder;"
Amendment to Article VII of the Credit Agreement. Article VII of the Credit Agreement shall be amended as follows:
(a) The proviso at the end of Article VII of the Credit Agreement shall be amended by (i) inserting “, including, without limitation, presentment and drawing upon any Supporting Letter of Credit,” after the reference to “under the Loan Documents” in the last sentence of such proviso.
Amendment to Article VII of the Credit Agreement. Article VII, Sub-section (k) of the Credit Agreement is hereby amended by deleting the number “$5,000,000”, and replacing it with the number “$15,000,000”.
Amendment to Article VII of the Credit Agreement. Paragraph (d) of Article VII of the Credit Agreement is hereby amended by inserting after the phrase “Section 5.01(a) (solely with respect to the Borrower’s fiscal year ended December 31, 2003),” the following: “5.01(b) (solely with respect to the Borrower’s fiscal quarter ended March 31, 2004),”.
Amendment to Article VII of the Credit Agreement. (a) Section 7.16 of the Credit Agreement will be amended as follows:
(i) the two references to “$150,000,000” in the first sentence thereof are replaced with “$200,000,000”; and
(ii) the words “or the MOM Brands Acquisition” will be inserted immediately following each reference to “Pending Acquisition” in the second sentence thereof.
Amendment to Article VII of the Credit Agreement. Effective as of the Effective Date, (a) each reference to “$200,000” in clause (k), clause (l) and clause (r) of Article VII of the Credit Agreement is amended and restated to read “$1,000,000” and (b) clause (s) of Article VII of the Credit Agreement is amended and restated in its entirety to read as follows:
Amendment to Article VII of the Credit Agreement. Article VII of the Credit Agreement is hereby amended by (a) deleting the word "Subsidiary" wherever such word appears in such Article (other than (i) in the third and seventh lines of paragraph (i) of such Article, (ii) in the first and eighth lines of paragraph (j) of such Article and (iii) in the first line of paragraph (k) of such Article) and inserting in lieu thereof the phrase "Restricted Subsidiary" and (b) deleting the word "Subsidiaries" wherever such word appears in such Article and inserting in lieu thereof the phrase "Restricted Subsidiaries".
