Amendment to Section 5.14. Section 5.14 of the Credit Agreement is hereby deleted in its entirety and replaced by the following text:
Amendment to Section 5.14. Section 5.14 of the Contribution Agreement is hereby amended and restated to read as follows: “Parent REIT, Parent OP and Parent Sub hereby jointly and severally represent and warrant to the Company and the Contributors that the entry into Amendment No. 2 and Amendment No. 3 does not and will not (i) conflict with or result in any breach of any provision of such Person’s Governing Documents, (ii) result in a violation or breach of, or cause acceleration, or constitute (with or without due notice or lapse of time or both) a default (or give rise to any right of termination, cancellation or acceleration) under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, lease, license, contract, agreement or other instrument or obligation of any material agreement to which such Person is a party, or (iii) violate any Law or Order applicable to such Person, except in the case of clauses (ii) and (iii) above, for violations which would not prevent or materially impair or delay the ability of such Person to perform its respective obligations under this Agreement and provided, that no representation or warranty is being made with respect to any antitrust or competition Laws (or any Orders or Contracts related thereto) that may be applicable to the Contemplated Transactions.”
Amendment to Section 5.14. Section 5.1.4 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 5.14. Section 5.14 of the Credit Agreement is amended to add the following to the end thereof: In addition to the foregoing restrictions, the Borrower will not, and will not permit any of its Restricted Subsidiaries to, redeem or otherwise acquire any of its stock or other equity interests or any warrants, rights or other options to purchase such stock or other equity interests except:
Amendment to Section 5.14. Section 5.14 of the Credit Agreement is hereby amended by deleting the word “Holdings,” each time such word appears in such Section and replacing the words “the Borrowers” in the first line thereof with “The Borrowers”.
Amendment to Section 5.14. Section 5.14 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.14. The last sentence contained in Section 5.14(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows: Without limiting the foregoing, the Credit Parties hereby agree that upon entering into any Bank Product after the Closing Date, they will execute, deliver and cause to be recorded an amendment to the Vessel Fleet Mortgage as reasonably requested by the Administrative Agent.
Amendment to Section 5.14. Section 5.14 of the Credit Agreement is hereby amended as of the Sixth Amendment Effective Date by inserting a new clause (e) after clause (d) to read as follows:
Amendment to Section 5.14. Section 5.14 of the Purchase Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 5.14. A. Section 5.14(f) of the Credit Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding the foregoing, in the case of Deposit Accounts maintained by Wachovia Bank, National Association or its affiliates, in lieu of delivering Control Agreements the Company may cause funds credited to such Deposit Accounts to be transferred on each Business Day to a Controlled Account maintained by the Collateral Agent that is subject to a Control Agreement.”
