Amendment to Section 4.2. Section 4.2 is hereby amended by inserting “Class T2 OP Units,” immediately before “and Class T OP Units.”
Amendment to Section 4.2. Section 4.2 of the Original Agreement shall be amended by deleting Section 4.2(d) in its entirety.
Amendment to Section 4.2. Section 4.2 of the Credit Agreement is hereby amended by deleting such Section it its entirety and replacing it with the following:
Amendment to Section 4.2. Section 4.2 of the Credit Agreement is amended, and as so amended, restated in its entirety as follows:
Amendment to Section 4.2. Section 4.2 of the Merger Agreement is hereby amended by adding the following Section 4.2(c):
Amendment to Section 4.2. Section 4.2 of the Credit Agreement is hereby amended by inserting the following immediately after the last sentence of such section: “Notwithstanding the foregoing provisions of this Section 4.2, the reduction of the Revolving Credit Commitments in connection with Amendment No. 2 will apply only to the Revolving Credit Commitments held by the Amendment No. 2 Extending Lenders as of the Amendment No. 2 Effective Date.”.
Amendment to Section 4.2. Section 4.2 of the Credit Agreement is hereby amended by amending paragraph (e) in its entirety, and by adding a new paragraph (f) at the end thereof, in each case to read as follows:
Amendment to Section 4.2. Section 4.2(e) is hereby amended by deleting the reference to “Section 2.18” in the third line of said Section and replacing it with “Section 2.19”.
Amendment to Section 4.2. Section 4.2 of the Credit Agreement shall be amended (i) to delete every instance of the phrase “Required Banks” and insert “Supermajority Banks” in place of each such deleted phrase and (ii) to add the following immediately after the last sentence therein: “As of June 8, 2012, the Borrowing Base was determined to be $115,000,000 and continues to be $115,000,000 as of the Fourth Amendment Effective Date (the “June 8th Determination”). As a result of the June 8th Determination, a Borrowing Base Deficiency exists and continues as of the Fourth Amendment Effective Date.”
Amendment to Section 4.2. Section 4.2(a) shall hereby be amended to read in its entirety as follows: “The employment of the Executive hereunder (and the Employment Period) shall terminate upon (i) the death of the Executive and (ii) at the option of the Company, upon not less than 15 days’ prior written notice to the Executive or the Executive’s personal representative or guardian, if the Executive suffers a “Total Disability” (as defined in Section 4.2(b) hereof). Upon termination for death or Total Disability, the Company shall pay to the Executive, guardian or personal representative, as the case may be, continued Base Salary at its then current level for the lesser of (x) six months or (y) until the expiration of the then-remaining Term (as it may then have been extended but without regard to possible future extensions), and a prorated share of the Annual Bonus pursuant to Section 3.2(a) hereof (based on the Employment Period of actual employment during the fiscal year in which termination occurs) to which the Executive would have been entitled, if any, had the Executive worked the full year during which the termination occurred (the “Prorated Bonus”). The continued Base Salary and Prorated Bonus pursuant to this Section 4.2(a) shall be paid in accordance with the Company’s normal payroll practices and procedures in the same manner and at the same time as though the Executive remained employed by the Company.”
