Amendment to Section 2.01(a). Section 2.01(a) is amended by deleting the second sentence of that section and inserting the following as the second and third sentences thereof: Effective as of July 20, 2001, Sears hereby sells, transfers, assigns and otherwise conveys to SRFG, without recourse, all right, title and interest of Sears in and to Interchange existing as of July 20, 2001 and thereafter created, all monies due or to become due with respect thereto, all proceeds (as defined in Article 9 of the UCC as in effect in the State of New York) of Interchange, if any, relating thereto. In the event that such sale, transfer, assignment or conveyance pursuant to either of the preceding sentences is deemed to create a security interest in the specified property, Sears does hereby grant to SRFG a security interest therein.
Amendment to Section 2.01(a). The proviso contained in Section 2.01(a) of the Credit Agreement (which appears at the end of the first sentence of such Section 2.01(a) commencing with the words “provided, however” and continues to the end of such sentence) is hereby amended and restated to read in its entirety as follows: provided, however, that after giving effect to any Borrowing of Revolving Loans, (i) the aggregate Outstanding Amount of all Revolving Loans made by the Lenders pursuant to this Section 2.01(a), exclusive of Revolving Loans made by the Lenders pursuant to Section 2.03(c) as a result of the failure of the Borrower to timely reimburse the L/C Issuer for any drawing under a Letter of Credit, shall not exceed $35,000,000, (ii) the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments, and (iii) the aggregate Outstanding Amount of the Revolving Loans of any Lender plus such Lender’s Pro Rata Share of the Outstanding Amount of all L/C Obligations shall not exceed such Lender’s Revolving Commitment.
Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended to read as follows:
(a) The Term D Loans.
(i) Each Term D Bank severally agrees, subject to the terms and conditions hereinafter set forth, to make a term loan (each, a “Term D Loan”) to the Borrower on the First Amendment Effective Date (and not thereafter) in an aggregate principal amount not to exceed the Term D Loan Amount of such Term D Bank; provided however that after giving effect to any Term D Loan, the aggregate principal amount of all outstanding Term D Loans shall not exceed the aggregate Term D Loan Amounts for all of the Term D Banks. Within such limits, and subject to the other terms and conditions of this Agreement, the Borrower may borrow Term D Loans under this Section 2.01(a)(i); provided that amounts borrowed as Term D Loans which are repaid or prepaid may not be reborrowed.
(ii) Term D Loans may from time to time be (i) Eurodollar Loans or (ii) Base Rate Loans or a combination thereof, as determined by the Borrower pursuant to Section 2.03(b) or Section 2.04.
Amendment to Section 2.01(a). The first sentence of Section 2.01(a) of the Rights Agreement shall be amended and restated in its entirety to read as follows: At any time following the earlier of: (a) the six month anniversary of the IPO or (b) the date on which the market stand-off agreement relating to the initial public offering applicable to a Demand Party (as defined below) has terminated, an Institutional Investor (such Institutional Investor, a “Demand Party”) may, subject to Section 2.11, make a written request (a “Demand Notice”) to the Company for Registration of all or part of the Registrable Securities held by such Demand Party (i) on Form S-1 (a “Long-Form Registration”) or (ii) on Form S-3 (a “Short- Form Registration”) if the Company qualifies to use such short form (any such requested Long- Form Registration or Short-Form Registration, a “Demand Registration”).
Amendment to Section 2.01(a). Section 2.01 (a) is amended by deleting the second sentence of that section and inserting the following as the second and third sentences thereof: Effective as of July 20, 2001, the Seller hereby sells, transfers, assigns and otherwise conveys to the Trust for the benefit of the Certificateholders, without recourse, all right, title and interest of the Seller in and to Interchange existing as of July 20, 2001 and thereafter created, all monies due or to become due with respect thereto, all proceeds (as defined in Article 9 of the UCC as in effect in the State of New York) of Interchange, if any, relating thereto. In the event that such sale, transfer, assignment or conveyance pursuant to either of the preceding sentences is deemed to create a security interest in the specified property, the Seller does hereby grant to the Trust a security interest therein. V.
Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended and restated in its entirety as follows:
(a) Subject to the terms and conditions set forth herein, each 2017 Replacement Term Lender agrees to make a 2017 Replacement Term Loan to the Borrower on the 2017 Replacement Term Loan Facility Effective Date in a principal amount not exceeding its 2017 Replacement Term Loan Commitment.”
Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended to read as follows:
Amendment to Section 2.01(a). Section 2.01(a) of the Merger Agreement is hereby amended by deleting the phrase “Merger Sub shall, and Parent shall cause Merger Sub to,” and replacing it with the phrase “Parent shall”.
Amendment to Section 2.01(a). Section 2.01(a) of the Employment Agreement is amended to state in its entirety:
Amendment to Section 2.01(a). Section 2.01(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: “The Term Borrowings. Subject to the terms and conditions set forth herein, (i) each Initial Term Lender severally agrees to make to the Borrower a single loan denominated in Dollars in an amount equal to such Initial Term Lender’s Initial Term Commitment on the Closing Date and (ii) each Tranche C Term Lender severally agrees to make to the Borrower a single loan denominated in Dollars in an amount equal to such Tranche C Term Lender’s Tranche C Term Commitment on the Second Amendment Effective Date. Amounts borrowed under this Section 2.01(a) and repaid or prepaid may not be reborrowed. Term Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein.”
