Amendment to Section 2.12. Section 2.12(a) of the Credit Agreement is hereby amended by deleting the words “the Letter of Credit Usage would exceed $15,000,000” in clause (ii) thereof and inserting “the Letter of Credit Usage would exceed $25,000,000” in lieu thereof.
Amendment to Section 2.12. Section 2.12(b)(ii) of the Existing Credit Agreement is hereby amended to delete (i) the phrase “and Reimbursement Obligations” where it appears immediately after the phrase “third, to principal” and (ii) the word “and” where it appears immediately after the phrase “(other than principal due and owing under Negotiated Rate Loans)”.
Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby amended by inserting the following new subsection 2.12(e) at the end of such Section: “(e) Notwithstanding anything to the contrary, each prepayment of Term Loans pursuant to Section 2.11(a) made on or before the date that is one year after the First Amendment Effective Date in connection with any Repricing Transaction shall be accompanied by a prepayment premium equal to 1.00% of the aggregate principal amount of each such prepayment.”
Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby deleted in its entirety and replaced with the following text:
Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 2.12. Section 2.12(c) of the Credit Agreement is hereby amended by adding the words “or the 2009 Senior Secured Notes Indenture, as applicable” after the words “the Senior Secured Notes Indenture” each time such words appear in such Section.
Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby amended by adding the following sentence immediately after the final sentence thereof: “Notwithstanding the foregoing, any such ticking fee due on June 1, 2013 shall be deemed to have been partially prepaid by the amendment fee paid by Borrower pursuant to Section 5.8 of the Fifth Amendment.”
Amendment to Section 2.12. Section 2.12 of the Credit Agreement is hereby amended by deleting paragraph (a) in its entirety and substituting in lieu thereof the following:
Amendment to Section 2.12. Section 2.12(a) of the Original Indenture is hereby amended by deleting the second sentence of such clause in its entirety and inserting the following in lieu thereof: The maximum principal amount of the Series 2008-A Notes on and after the August 2012 Amendment Effective Date is and shall be $650,000,000, subject to any changes in the Facility Limit made in accordance herewith and with the Note Purchase Agreement.
Amendment to Section 2.12. Section 2.12(b) of the Credit Agreement is hereby amended by deleting the last sentence thereof and replacing it with the following text: Participation fees and fronting fees in respect of Letters of Credit denominated (A) in Dollars shall be paid in Dollars, (B) in a Foreign Currency (other than an Additional Letter of Credit Currency) shall be paid in such Foreign Currency and (C) in an Additional Letter of Credit Currency shall be paid in (1) in the case of participation fees, in Dollars calculated using the applicable Dollar Amount and Exchange Rate as of the most recent Computation Date with respect to the applicable Letter of Credit and (2) in the case of fronting fees, in such Additional Letter of Credit Currency.
