Amendment to Section 3.01 of the Credit Agreement. Section 3.01(e)(ii)(D) of the Credit Agreement is hereby amended by inserting immediately at the end of the text of Section 3.01(e)(ii)(D) the following additional sentence: “For purposes of determining withholding Taxes imposed under FATCA, from and after the Second Amendment Effective Date, the Borrowers and the Administrative Agent shall treat (and the Lenders hereby authorize the Administrative Agent to treat) the Loans and the Agreement as not qualifying as a “grandfathered obligation” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).”
Amendment to Section 3.01 of the Credit Agreement. The references to “11:00 a.m.” and “3:00 p.m.” in Section 3.01 of the Credit Agreement are hereby deleted and replaced with references to “1:00 p.m.” and “5:00 p.m.”, respectively.
Amendment to Section 3.01 of the Credit Agreement. Section 3.01 of the Credit Agreement is hereby amended by (i) amending and restating clause (b) in its entirety to read as follows and (ii) adding the following clause (c) to the end thereof:
Amendment to Section 3.01 of the Credit Agreement. Section 3.01(b) is hereby amended by deleting the lead-in language appearing in such Section 3.01(b) beginning with “Each Issuing Bank” and ending with “any Letter of Credit if:” in its entirety and substituting in lieu thereof the following: “Each Issuing Bank is under no obligation to consider the Issuance of or to Issue any Letter of Credit unless all Banks shall have consented (deemed or explicit) to the Issuance of such Letter of Credit in their sole discretion; provided that with respect to Section 3.01(b)(iii), no Issuing Bank shall Issue any Letter of Credit that fails to comply with the expiry date requirements of Section 3.01(b)(iii) without the prior, explicit consent of each Bank, and with respect to the other provisions of this Section 3.01(b), each Issuing Bank is under no obligation to Issue any Letter of Credit if:”
Amendment to Section 3.01 of the Credit Agreement. (a) Section 3.01(a) is hereby amended by deleting the fourth sentence therein, which begins “No Swap-Related Standby Letter of Credit shall be issued if” in its entirety and inserting in lieu thereof the following new sentence: “No SPT-Related Standby Letter of Credit shall be Issued if, after giving effect to such Issuance, the outstanding amounts of all SPT-Related Standby Letters of Credit (excluding all Physical Trade Delivery-Related Standby Letters of Credit) plus the aggregate SPT Bank Close-Out Amounts of all SPT Banks plus the aggregate outstanding Unilateral Overage Advances of all Banks would exceed $50,000,000.”
Amendment to Section 3.01 of the Credit Agreement. Section 3.01 of the Credit Agreement is hereby amended as follows:
Amendment to Section 3.01 of the Credit Agreement. Section 3.01(a) of the Credit Agreement is hereby amended by deleting the amount “$100,000,000” on the 4th line thereof and substituting therefor the amount $25,000,000.”
