Amendment to Section 11.01. Clause (ii) of the second proviso to Section 11.01 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 11.01. Section 11.01 of the Indenture captioned “Collateral and Security Documents” is hereby amended by deleting the existing paragraph (a) in its entirety and replacing it with the following text:
(a) In order to secure the due and punctual payment of (i) the Notes, the Company and Holdings have entered into the Security Agreement and the other Security Documents to create the Junior Liens on the Collateral in accordance with the terms thereof (ii) the Bridge Facility, the Company and the Guarantors have entered into the Bridge Facility Security Agreement and the other Bridge Lender Documents to create the Bridge Facility Liens on the Bridge Facility Collateral in accordance with the terms thereof. Pursuant to the provisions of the Security Agreement, the other Security Documents and this Indenture, (i) the rights and remedies of the Trustee and the Holders of the Notes in the Collateral shall be subordinate and subject to the rights and remedies of the holders of the Senior Liens and (ii) subject to clause (i) immediately above, the rights and remedies of the Trustee and the Holders of the 2010 Notes in the Collateral shall be subordinate and subject to the rights and remedies of the Holders of the 2008 Notes with respect to the Junior Liens. Notwithstanding anything in the Security Agreement, the other Security Documents and this Indenture to the contrary and pursuant to the provisions of the Acknowledgement Agreement and this Indenture, the rights and remedies of the Trustee and the Holders of the Notes in the Collateral, to the extent constituting Bridge Facility Collateral, shall be subordinate and subject to the rights and remedies of the holders of the Bridge Facility Liens in accordance with the terms of the
Amendment to Section 11.01. Section 11.01 of the Purchase Agreement hereby is deleted in its entirety and the following is substituted therefor:
Amendment to Section 11.01. Section 11.01 of the Indenture captioned “Collateral and Security Documents” is hereby amended by deleting the existing paragraph (d) in its entirety and replacing it with the following text:
Amendment to Section 11.01. Clause (i) of Section 11.01 of the Credit Agreement is hereby amended and restated in its entirety as follows:
(i) release the Company (from its obligations as a Borrower or as a Guarantor hereunder) or any Designated Borrower, except in connection with the termination of a Designated Borrower’s status as such under Section 2.15, a merger or consolidation permitted under Section 7.04 or a Disposition permitted under Section 7.05; or
Amendment to Section 11.01. Section 11.01 of the Credit Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 11.01. Section 11.01 of the Credit Agreement is hereby amended so that the preamble thereto reads in full as follows: “No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent with respect to any departure by the Company therefrom, shall be effective unless the same shall be in writing and signed by the Requisite Lenders (or by the Administrative Agent at the written request of the Requisite Lenders) and the Company and acknowledged by the Administrative Agent, and then any such waiver, amendment or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however that no such waiver, amendment, or consent shall, unless in writing and signed by all the Lenders and the Company and acknowledged by the Administrative Agent, do any of the following”
Section 11.01 of the Credit Agreement is further amended to add a new clause (g) thereto, to read in full as follows:
Amendment to Section 11.01. Section 11.01 of the Partnership Agreement is hereby amended by adding the following at the end thereof: Notwithstanding anything to the contrary contained in this Agreement, the Partners acknowledge that this Agreement shall be deemed to be automatically amended and the General Partner is authorized to amend this Agreement to the extent provided in Section 4.01 hereof.
Amendment to Section 11.01. Section 11.01(b) of the Original Indenture is hereby amended by replacing “covenants or Events of Default” with “covenants, Events of Default or Covenant Breaches”
Amendment to Section 11.01. Section 11.01 of the Credit Agreement is hereby amended by amending the reference in the proviso thereto to add the words “and the Facility Increase Fee Letter” immediately after the words “the Fee Letter” appearing therein.
