Amendment to Section 2.09 of the Credit Agreement. Section 2.09 of the Credit Agreement is hereby amended by adding the following sentence to the end of subsection (d) thereof: Notwithstanding the foregoing or any provisions of this Agreement to the contrary, if and for so long as any Revolver Lender is a Defaulting Lender, the commitment fees otherwise payable to such Defaulting Lender pursuant to this Section 2.09(d) shall cease to accrue on the unfunded portion of the Revolver Commitment of such Defaulting Lender.
Amendment to Section 2.09 of the Credit Agreement. Subsection 2.09(a) of the Credit Agreement is hereby amended by inserting the following prior to the “.” at the end of the third sentence thereof: “provided, however, that, beginning on the March 2010 Waiver Effective Date, with respect to each Letter of Credit Fee, Borrower shall pay in cash Letter of Credit Fees equal to the Applicable Rate, less 2.00% per annum. The remaining 2.00% per annum shall have, and shall be deemed to have, accrued; provided, however, that the payment thereof shall be deferred (for each Letter of Credit, the aggregate amount of such deferred payments, the “Deferred Letter of Credit Fee”) and not be payable until the Deferred Interest Payment Date. Notwithstanding anything to the contrary contained herein or in any other Loan Document, if the Borrower completes a Refinancing, all Deferred Letter of Credit Fees accrued through the date of such Refinancing shall be automatically forgiven. Notwithstanding anything to the contrary contained herein or in any other Loan Document, the Deferred Letter of Credit Fees are not payable until the Deferred Interest Payment Date, and the Deferred Letter of Credit Fees accrue as simple interest such that no interest accrues on the Deferred Letter of Credit Fees.”
Amendment to Section 2.09 of the Credit Agreement. Section 2.09 of the Credit Agreement is hereby amended by amending and restating clause (c) in its entirety to read as follows:
(i) From and after the occurrence and during the continuance of any Event of Default, upon notice by the Administrative Agent or the Collateral Agent to the Borrower or (ii) automatically upon the Consolidated Companies’ failure to comply with the Liquidity covenant contained in Section 9.13(c), the Borrower shall pay interest on the principal amount of all Loans and all other unpaid Obligations, to the extent permitted by Applicable Law, at the Default Rate, which Default Rate shall accrue (x) with respect to clause (i) above, from the date of such Event of Default (regardless of the date of notice of the imposition of the Default Rate) until waived in writing and (y) with respect to clause (ii) above, from the last day of the calendar month for which Consolidated Companies fail to comply with Section 9.13(c), through and including the last day of the first calendar month for which the Consolidated Companies are in compliance with Section 9.13(c), and, in all cases, shall be payable on demand and in cash. All such interest shall be payable on demand and in cash. Nothing in this clause (c) shall be deemed to cause a Default or Event of Default solely as a result of the Consolidated Companies failure to comply with Section 9.13(c); provided, however, that the failure to pay the amounts required by clause (ii) above shall constitute a Default (and, if such failure continues beyond any applicable grace, cure or notice period, an Event of Default) pursuant to Section 10.01(a)(ii).”
Amendment to Section 2.09 of the Credit Agreement. Effective as of the Amendment Date, clause (e) and clause (f) of Section 2.09 of the Credit Agreement, are hereby amended and restated to read in their entirety as follows:
Amendment to Section 2.09 of the Credit Agreement. Section 2.09 of the Credit Agreement is hereby amended and restated, in its entirety, as follows:
Amendment to Section 2.09 of the Credit Agreement. Section 2.09 of the Credit Agreement is hereby amended by inserting a new clause (f) thereto, to read in its entirety as follows:
