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 $25,000,000” in clause (ii) thereof and inserting “the Letter of Credit Usage would exceed $15,000,000” in lieu thereof.
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(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(e) of the Credit Agreement is hereby amended and restated as follows:
Amendment to Section 2.12. Section 2.12 of the Credit Agreement shall be deleted in its entirety and amended to read in full as follows:
Amendment to Section 2.12. The fourth sentence of Section 2.12 of the Indenture is hereby amended to read in its entirety as set forth below: Additional Notes may be issued without additional collateral, provided, that the DSCR, after giving effect to such issuance, is greater than or equal to 2.0 to 1.0, and a Rating Agency Confirmation is obtained with respect to the Notes.
Amendment to Section 2.12. Section 2.12 of the Credit Agreement shall be amended to add the following parenthetical following the term “Availability” therein: “(without giving effect to any Availability Block)”.
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 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(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.
