Amendment to Section 11.11. Section 11.11 of the Credit Agreement is hereby amended in its entirety to read as follows:
Amendment to Section 11.11. Section 11.11 of the Credit Agreement is hereby amended by replacing the phrase “October 1, 2010” with the phrase “October 15, 2010”.
Amendment to Section 11.11. Section 11.11 of the Credit Agreement is hereby amended to by adding a new clause (g) after clause (f) as follows:
Amendment to Section 11.11. Section 11.11 of the Credit Agreement is hereby amended by deleting such Section 11.11 in is entirety and inserting the following new Section 11.11 in replacement thereof:
Amendment to Section 11.11. Section 11.11 of the Credit Agreement is hereby amended by:
(a) Amending Section 11.11(a) by inserting the following phrase at the end thereof immediately after the phrase “of this Section 11.11(a);”: “provided, further, that in addition to (and not in limitation of) any of the other restrictions set forth above in this Section 11.11(a) or otherwise contained in this Agreement (1) the contributions made under the preceding clauses (ii) and (iii) of this Section 11.11(a) on or after March 31, 2009 must be incurred in the ordinary course of business of the Parent and its Subsidiaries and consistent with the practices of the Parent and its Subsidiaries prior to March 31, 2009 and (2) no capital contributions may be made to Xxxxxxx-Japan, Ltd. on or after March 31, 2009;”; and
(b) Deleting the phrase “other Investments not consisting of” in clause (j) thereof and inserting in lieu thereof the phrase “other Investments consummated prior to March 31, 2009 and not consisting of”.
Amendment to Section 11.11. Section 11.11 of the Credit Agreement is hereby amended as follows:
(a) Section 11.11 of the Credit Agreement is here by amended to add “, Excluded Subsidiary” after “Guarantor” in section (a) thereof.
(b) Section 11.11 of the Credit Agreement is hereby amended to (i) delete “and” before clause (vi) of section (b) thereof, (ii) replace the period at the end of the first sentence of section (b) with “, and (vii) upon the Eighth Amendment Effective Date to the extent such Lien encumbers the Property of an Excluded Subsidiary or the Equity Interests in such Excluded Subsidiary owned by a Subsidiary of the Borrower.”, and (iii) add a new sentence at the end of such paragraph to read in its entirety as follows: “Notwithstanding anything in any Loan Document to the contrary, but subject to the effectiveness of the Eighth Amendment Effective Date, each Excluded Subsidiary shall, upon the written request of the Borrower and at the Borrower’s sole expense, be released as a Guarantor and any Lien in favor of the Administrative Agent in the Property of such Excluded Subsidiary or the Equity Interests of such Excluded Subsidiary shall be released and such Property and Equity Interest shall cease to be Collateral; provided that, for the avoidance of doubt, if any such Excluded Subsidiary subsequently ceases to be an Excluded Subsidiary and becomes a Subsidiary, such Excluded Subsidiary may be required to become a Guarantor and such Property may be required to become Collateral pursuant to Section 8.14. The Administrative Agent shall, at the sole cost and expense of the Borrower, execute any termination statements, releases or other documents requested by the Borrower that are necessary or reasonably desirable to evidence and effectuate the releases contemplated by this paragraph. In addition, notwithstanding anything to the contrary in any Loan Document, for so long as any Person is an Excluded Subsidiary, such Excluded Subsidiary shall not be required to comply with any further assurances clauses or covenants relating to the creation or perfection of any Lien on the Equity Interests in or Property of any such Excluded Subsidiary or any covenants in any Loan Documents applicable to any Guarantor or any Property of a Guarantor.”
Amendment to Section 11.11. Section 11.11 of the Credit Agreement shall by amended by deleting the following phrase “Agent and Lenders each individually (and not jointly or jointly and severally) agree that material, non-public information regarding PTP and its Subsidiaries, their operations, assets, and existing and contemplated business plans shall be treated by Agent and the Lenders in a confidential manner” and inserting in lieu thereof the following: “Agent and Lenders each individually (and not jointly or jointly and severally) agree that material, non-public information regarding PTP, the Loan Parties and their respective Subsidiaries, their operations, assets, and existing and contemplated business plans shall be treated by Agent and the Lenders in a confidential manner, used only in connection with this Agreement and in compliance with applicable laws, including United States federal or state securities laws”.
Amendment to Section 11.11. Section 11.11 of the Master Purchase Agreement is hereby deleted and replaced in its entirety with the following:
