Amendment to Section 2.1(a). Section 2.1(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.1(a). Section 2.1(a) of the Credit Agreement is hereby amended by deleting the reference to “FORTY-FOUR MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($44,750,000)” and replacing it with “SEVENTY-FOUR MILLION FIVE HUNDRED THOUSAND DOLLARS ($74,500,000)”.
Amendment to Section 2.1(a). 1a of the Existing Credit Agreement is hereby amended by deleting the reference therein to “$150,000,000” and substituting in replacement thereof a reference to “$125,000,000”.
Amendment to Section 2.1(a). Section 2.1(a) is hereby amended by increasing the Revolving Committed Amount from $165,000,000 to $225,000,000, such increase to be implemented pursuant to Article II hereof.
Amendment to Section 2.1(a). Section 2.1A of the Loan Agreement is hereby amended by adding the following as subsection (iii) thereto:
Amendment to Section 2.1(a). The reference to “THIRTY MILLION DOLLARS ($30,000,000)” contained in Section 2.1(a) of the Credit Agreement is hereby amended to read “FIFTY FIVE MILLION DOLLARS ($55,000,000)”. Correspondingly, the references to “$30,000,000” appearing on the cover page and in the first whereas clause of the Credit Agreement are hereby amended to read “$55,000,000”.
Amendment to Section 2.1(a). Section 2.1(a) of the Agreement is hereby amended and replaced in its entirety as follows:
(a) Each membership interest in Merger Sub issued and outstanding immediately prior to the Effective Time shall remain issued and outstanding from and after the Effective Time.
Amendment to Section 2.1(a). Section 2.1(a) of the Loan Agreement is amended by inserting the following new sentence at the end of such Section: “Notwithstanding the foregoing, the Borrower agrees that it will deliver a Notice of Borrowing in an amount equal to all of the Commitments on March 24, 2020 and that the Commitment Period will therefore expire on such date immediately following the funding of such Loan Borrowing in accordance with the Notice of Borrowing.”
Amendment to Section 2.1(a). The proviso appearing in Section 2.1(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: provided, however, that after giving effect to such Revolving Loans, (A) with regard to each Revolving Lender individually, such Revolving Lender’s Revolving Credit Exposure shall not exceed such Revolving Lender’s Revolving Commitment, (B) with regard to the Revolving Lenders collectively, the Aggregate Revolving Credit Exposure outstanding shall not exceed (1) the Revolving Committed Amount then in effect or (2) the Borrowing Base and (C) the aggregate principal Dollar Equivalent of outstanding Foreign Currency Revolving Loans made to the Borrowers shall not exceed the Foreign Currency Sublimit.
Amendment to Section 2.1(a). Section 2.1(a) of the Forbearance Agreement is hereby amended and restated in its entirety as follows:
(a) The Borrower acknowledges and agrees that it was in Default of Section 8.4(b) of the Credit Agreement as of each of September 30, 2016, December 31, 2016 and March 31, 2017 (such Defaults being herein referred to as the “Specified Defaults”). The Lender hereby agrees that, with respect to the Specified Defaults (but only the Specified Defaults), it will refrain and forebear from exercising or pursuing any rights or remedies under the Credit Agreement or otherwise (including imposing a default rate of interest in respect of the Specified Defaults pursuant to Section 3.6 of the Credit Agreement) or any other Loan Document until (but only until) the Termination Date. Any term or provision hereof to the contrary notwithstanding, the Lender is not waiving any of its rights or remedies with respect to the Specified Defaults or any other Default, but instead is simply agreeing not to take remedial action with respect to the Specified Defaults until the Termination Date.
