Amendment to Section 5.08. Section 5.08 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.08. Section 5.08 of the EmCare Stock Purchase Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 5.08. Section 5.08 of the Credit Agreement shall be amended by deleting the phrase “of the Parent” in the introductory clause thereof.
Amendment to Section 5.08. Section 5.08 shall be amended by deleting the phrase “of the Parent” in the introductory clause thereof.
Amendment to Section 5.08. Section 5.08 of the Merger Agreement is hereby amended by replacing the first sentence in its entirety with the following: “None of the Company, Parent or Merger Sub shall issue or cause the publication of any press release or other public announcement with respect to this Agreement, any Ancillary Document, the Merger or the other transactions contemplated hereby and thereby without prior consultation with the other parties, except as may be required by Law or any listing agreement with or rules of any national securities exchange or national securities quotation system or by the request of any Governmental Entity.”
Amendment to Section 5.08. Section 5.08(6) of the Credit Agreement is hereby amended by inserting the phrase “ending at any time after the Collateral Release Date” immediately after the words “calendar month” in the second line of such Section.
Amendment to Section 5.08. Section 5.08 of the Credit Agreement is hereby amended by adding the following sentence to the end thereof: “The Borrower shall use the aggregate proceeds of the Increased Term Loans and the Additional Term Loans (each as defined in the Fourth Amendment) (if any) to prepay in full the principal amount of all Existing Term Loans (as defined in the Fourth Amendment), other than Refinanced Term Loans (as defined in the Fourth Amendment).” NY\4521662.7
Amendment to Section 5.08. Section 5.08 of the Stock Purchase Agreement is hereby amended by deleting Section 5.08 in its entirety and replacing it with the following:
Amendment to Section 5.08. Section 5.08 of the Credit Agreement is hereby amended by deleting such Section in its entirety and inserting the text “[Intentionally Omitted]” in lieu thereof.
Amendment to Section 5.08. Section 5.08 of the Loan Agreement is amended by restating the second paragraph thereof in its entirety to read as follows: “On the Effective Date and from time to time thereafter, on not less than thirty (30) Business Days' notice, the Borrower may request that proceeds of the Loans be used to refinance secured mortgage Indebtedness of the Borrower and/or its Subsidiaries, including the secured mortgage Indebtedness on the Dolphin Mall in Miami, Florida, in which event, a portion of the Loans equal to the amount of the advances made hereunder in connection with such refinancing, at the Borrower's election, may be secured by an amended and restated mortgage on the property securing the mortgage Indebtedness to be so refinanced (a "Refinancing Mortgage") and evidenced by a mortgage note in favor of the Administrative Agent or an Affiliate of the Borrower in form and substance reasonably satisfactory to the Administrative Agent and the Borrower; provided that any mortgage note in favor of an Affiliate of the Borrower shall have a zero balance and may not be assigned by such Affiliate without the prior written consent of the Administrative Agent, except for an assignment of such Refinancing Mortgage in connection with a Disposition permitted by Section 6.04; provided that no Refinancing Mortgage may encumber a property located in a Special Flood Hazard Area as designated by the Federal Emergency Management Agency in connection with the National Flood Insurance Program, unless the Borrower has obtained flood insurance under the National Flood Insurance Program that is satisfactory to the Administrative Agent and the Lenders. Such request from the Borrower shall include a certificate from the Borrower (which certificate the Administrative Agent will forward to the Lenders) certifying that the property to be encumbered by such Refinancing Mortgage is not located in a Special Flood Hazard Area as designated by the Federal Emergency Management Agency in connection with the National Flood Insurance Program, unless the Borrower has obtained flood insurance under the National Flood Insurance Program that is satisfactory to the Administrative Agent and the Lenders. At least ten (10) Business Days prior to the recordation of any Refinancing Mortgage, the Administrative Agent shall provide all Lenders with a legal description and special flood hazard determination form for all property proposed to be encumbered thereby. Any such Refinancing Mortgage and any other agreem...
