Amendment to Section 5.2. (a) Subsection 5.2(e) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.2. Section 5.2 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:
Amendment to Section 5.2. Section 5.2(k) of the Agreement is hereby amended in its entirety and replaced to read as follows:
Amendment to Section 5.2. Section 5.2 of the LLC Agreement is hereby amended by added the following phrase to the end of the introductory sentence thereof: “, subject to the rights of the holders of Class C Units set forth in Section 3 of Exhibit C attached hereto and the rights of holders of any other class of series of Units hereafter created and issued by the Manager”
Amendment to Section 5.2. Section 5.2 of the Rights Agreement is hereby amended by adding the following sentence to the end of Section 5.2: “For the avoidance of doubt, this Agreement shall expire immediately prior to the Effective Time of the Merger in accordance with the terms of the Merger Agreement.”
Amendment to Section 5.2. Section 5.2 of the Credit Agreement is hereby amended by (a) inserting “; provided, that for the purposes of this Section 5.2(d), Consolidated Cash Balance shall not be deemed to include any Net Cash Proceeds that will be repaid pursuant to Sections 5.2(e) through (h) hereof” after “then-outstanding Swingline Loans plus Revolving Loans” at the end of Subsection 5.2(d), (b) inserting “(other than (i) Dispositions valued in good faith by the Borrower at less than $1,000,000 individually or $10,000,000 in the aggregate for any fiscal year of the Borrower and (ii) cash received for costs and expenses incurred in the conduct of exploration and development operations in connection with Exploration and Development Dispositions),” after the first instance of “Disposition” in Subsection 5.2(f), (c) replacing “Section 11.1(bb)” with “Section 11.1(aa)” in Subsection 5.2(g), (d) deleting the phrase “less any Net Cash Proceeds used or reserved by a written notice to the Administrative Agent for a use permitted by Section 11.7(d)(iii) (provided that to the extent the Borrower determines that such reserved Net Cash Proceeds will or cannot thereafter be used as permitted by Section 11.7(d)(iii), then the Borrower shall prepay the Term Loans by the amount of unused Net Cash Proceeds)” in Subsection 5.2(g) and (e) amending and restating clause (e) as follows and inserting the following clause (h) after clause (g) thereof and re-lettering the subsequent clauses accordingly:
Amendment to Section 5.2. Section 5.2 of the Credit Agreement is hereby amended by adding the following Subsection 5.2(d) after the current Subsection 5.2(c) and renumbering the current Subsections 5.2(d) and 5.2(e) as, respectively, Subsections 5.2(e) and 5.2(f):
Amendment to Section 5.2. Section 5.2 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.2. Section 5.2 of the Credit Agreement is hereby amended by (a) deleting Subsections 5.2(d) and 5.2(e) in their entirety and adding the following as new Subsections 5.2(d) and 5.2(e); (b) adding the following new Subsections 5.2(f) and 5.2(g) after the new Subsection 5.2(e); (c) renumbering the current Subsections 5.2(f) (together with the paragraph appearing immediately thereafter) and 5.2(g) as, respectively, Subsections 5.2(h) and 5.2(i); and (d) replacing the reference to “Section 5.2(d)(i)” in the paragraph appearing immediately after such renumbered Section 5.2(h) with “Section 5.2(h)(i)”:
Amendment to Section 5.2. Section 5.2 of the Merger Agreement is hereby amended to include the following Section 5.2(h):
