Amendment to Schedule 5. 30 of the Loan Agreement. Effective as of the date hereof, Schedule 5.30 of the Loan Agreement is hereby amended and restated in the form of Schedule 5.30 attached to this amendment.
Amendment to Schedule 5. 9. Schedule 5.9 (Subsidiaries) of the Agreement is hereby replaced with the Schedule 5.9 attached hereto.
Amendment to Schedule 5. 1. Schedule 5.1 to the Credit Agreement is hereby amended and restated in its entirety as set forth on Schedule 5.1 hereto.
Amendment to Schedule 5. 18. Schedule 5.18 to the Credit Agreement is hereby deleted in its entirety and replaced by Schedule 5.18 attached hereto.
Amendment to Schedule 5. 3. The left hand column in the second row of the table in Schedule 5.3 to the Credit Agreement is hereby amended by deleting the words “on or prior to December 31, 2006” therein and inserting “on or prior to January 31, 2007” in lieu thereof.
Amendment to Schedule 5. 13. Schedule 5.13 is hereby deleted in its entirety and replaced with Schedule 5.13 attached hereto.
Amendment to Schedule 5. 7. Schedule 5.7 of the Agreement is hereby amended and restated in its entirety as set forth in Schedule 5.7 attached hereto.
Amendment to Schedule 5. 21(g)(ii). The Borrowers shall amend Schedule 5.21(g)(ii) of the Credit Agreement to reflect the Borrowers’ most recent update of all locations where any personal property Collateral is located at any premises owned or leased by a Loan Party with a Collateral value in excess of $1,000,000 and deliver to the Administrative Agent such amended Schedule 5.21(g)(ii) within forty-five (45) days of the Amendment Effective Date and, to the extent that a Collateral Access Agreement has not been put in place in connection with any such location disclosed on such amended Schedule 5.21(g)(ii), shall deliver to the Collateral Agent a fully executed Collateral Access Agreement within ninety (90) days of delivery of such amended Schedule 5.21(g)(ii).
Amendment to Schedule 5. 4. Schedule 5.4 (Subsidiaries of the Company and Ownership of Subsidiary Stock) to the Current Note Purchase Agreement is hereby amended and restated in its entirety to read as set forth in Schedule 5.4 to this Amendment.
Amendment to Schedule 5. 5. Schedule 5.5 attached to the Credit Agreement is hereby deleted and replaced with the Schedule 5.5 attached hereto. Borrower acknowledges and agrees that Agent and Lenders have not yet reached a judgment whether the Omax Case might reasonably be determined adversely to Borrower and, if determined adversely, would be likely to have a material adverse effect on the financial condition or operations of Borrower. Agent and Lenders reserve the right to reach such a judgment at any time. Borrower acknowledges that Agent and/or Lenders are not waiving any rights they might otherwise have to declare a default under Section 8.1(t), if Agent and/or Lenders conclude that the Omax Case might reasonably be determined adversely to Borrower and, if determined adversely, would be likely to have a material adverse effect on the financial condition or operations of Borrower.
