Amendment to Section 3.4. Section 3.4 of the Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 3.4. Section 3.4 of the Existing Loan Agreement is amended by deleting such Section and replacing it with the following:
Amendment to Section 3.4. Section 3.4 of the Agreement is hereby amended to read in its entirety as follows:
Amendment to Section 3.4. Section 3.4 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 3.4. (a) The heading to Section 3.4 of the Agreement is hereby amended and restated to read as follows: “Capitalization of Office Depot and Merger Sub Two.”
Amendment to Section 3.4. Section 3.4 is hereby amended to change the date referred to therein to February 10, 2006.
Amendment to Section 3.4. Section 3.4 of the Security Agreement is hereby amended as of the Second Amendment Effective Date by amending and restating such section in its entirety as follows:
Amendment to Section 3.4. 1. From and after the Amendment Effective Date, Section 3.4.1 is hereby deleted and replaced in its entirety as follows:
Amendment to Section 3.4. 2. The words “as well as the Specified Action Closing Consideration Adjustment” are hereby added after “the calculation of Total Closing Consideration resulting from each of the foregoing estimates of the components thereof” in Section 3.4.2 of the Option Agreement.
Amendment to Section 3.4. Clause (i) of Section 3.4 of the Original Agreement shall be amended by deleting the word “joint” and by deleting the words “and the Rule 13e-3 transaction statement on Schedule 13E-3 relating to the approval of this Agreement by the MLP Limited Partners (as amended or supplemented, the “Schedule 13E-3”)”.
