Amendment to Article XI. Article XI of the Credit Agreement is hereby amended by adding the following new Sections 11.15 and 11.16 thereto where numerically appropriate:
Amendment to Article XI. Article XI of the Employment Agreement is hereby amended by deleting said section in its entirety and replacing it with the following: This Agreement shall have an initial term commencing February 1, 2003 and terminating on May 31, 2006. This Agreement shall be automatically renewed and extended on its same terms and conditions for up to two consecutive eighteen month periods unless either party gives written notice to the other at least six months prior to the initial termination date or renewal termination date, as the case may be, of its intention not to renew. In the event that the Company notifies Executive of its intent not to renew this Agreement, the Company agrees to pay to Executive, upon the expiration of this Agreement without renewal, a lump sum severance payment equal to two (2) years Base Salary. In addition, and commencing upon the expiration of this Agreement without renewal, the Company shall, at its expense, continue to provide Executive with his existing healthcare insurance coverage for 18 months or such shorter period that the Company may legally continue Executive’s healthcare insurance, in which case the Company shall reimburse Executive for the cost of comparable healthcare insurance coverage for Executive and his dependents for the period commencing the time of termination or discontinuance of Executive’s existing healthcare insurance and 18 months following Executive’s separation from the Company. However, no such entitlement will continue once Executive has coverage through another employer or has been added onto coverage available through his spouse’s employer if applicable.
Amendment to Article XI. Article XI of the Credit Agreement is hereby amended by adding the following Section 11.12 to the end thereof:
Amendment to Article XI. The definition of “Exclusivity Period” in Article XI of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Article XI. Section 11.19 shall be added to Article XI immediately following Section 11.18 of the Agreement and shall read in its entirety as follows:
Amendment to Article XI. Section 11.2.1 of the Operating Agreement is hereby amended and restated in its entirety as follows:
11.2.1. Employee LLC Units may not be Transferred; provided, however, any Member may pledge its Employee LLC Unit to secure the Retained GPF Debt (including any extensions, modifications or refinancing thereof effected at the request of the Board of Managers) and may Transfer its Employee LLC Units to such lenders in the event of the foreclosure of such pledge or any purchaser in such foreclosure.”
Amendment to Article XI. The final paragraph of Article XI of the Credit Agreement is hereby amended to read in its entirety as follows: Any amount received by the Administrative Agent from any Credit Party (or from proceeds of any Collateral) following any acceleration of the Obligations under this Agreement or any Event of Default with respect to the Borrower under Section 11.5 shall be applied:
(i) first, to payment or reimbursement of that portion of the Obligations constituting fees, expenses and indemnities payable to the Administrative Agent in its capacity as such;
(ii) second, to the Secured Parties, an amount equal to all Obligations due and owing to them on the date of distribution and, if such moneys shall be insufficient to pay such amounts in full, then ratably (without priority of any one over any other) to such Secured Parties in proportion to the unpaid amount thereof; and
(iii) third, pro rata to any other Obligations then due and owing; and
(iv) fourth, any surplus then remaining, after all of the Obligations then due shall have been paid in full in cash, shall be paid to the Borrower or its successors or assigns or to whomever may be lawfully entitled to receive the same or as a court of competent jurisdiction may award.
Amendment to Article XI. Article XI of the Existing ----------------------- Credit Agreement is hereby amended in accordance with Subpart 2.5.1. -------------
Section 11.1 of the Existing Credit Agreement is hereby amended by replacing the phrase "except as otherwise specifically provided in any Loan Document" appearing in clause (b) thereof with the phrase "except as otherwise specifically provided in any Loan Document (including the sale or transfer of Receivables and Related Rights in accordance with the Permitted Receivables Transaction)".
Amendment to Article XI. Article XI of the Existing Credit Agreement is hereby amended in accordance with Subpart 2.6.1.
Amendment to Article XI. Article XI (Miscellaneous) of the Credit Agreement is amended by inserting the following new Section 11.21 (Acknowledgement Regarding Any Supported QFCs) immediately after Section 11.20 (Acknowledgement and Consent to Bail-In of EEA Financial Institutions) appearing therein:
