Amendment to Section 6.08. Section 6.08 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended by replacing clause (a)(viii)(B)(2) thereof with the following:
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended as follows:
(a) by (i) deleting the text "and" at the end of clause (viii) of Section 6.08(a), and (ii) inserting the following at the end of Section 6.08(a): , and (x) the Company may make cash payments to certain holders of Equity Interests in PLP in connection with the termination of any transaction structured to effect a Permitted PLP Purchase, provided that the aggregate amount of such payments shall not exceed $700,000.
Amendment to Section 6.08. Section 6.08(a)(x) of the Credit Agreement is hereby amended by inserting the text “and Tranche C Term Borrowings” immediately following the text “Tranche B Term Borrowings”.
Amendment to Section 6.08. Section 6.08 of the Merger Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended by (i) deleting the text “and” at the end of clause (f), (ii) replacing the “.” at the end of clause (g) with “and”, and (iii) inserting immediately after clause (g) of such Section:
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended as follows:
(a) by replacing the parenthetical at the end of subclause (a)(vii)(A)(2) thereof with the following: “(and for purposes of determining such compliance, the maximum Leverage Ratio then permitted under such Section shall be assumed to be 2.50 to 1.00; provided, that such assumption shall not apply in the case of (x) Restricted Payments made with the Net Convertible Notes Proceeds within one year of receipt thereof by the Borrower, or (y) the settlement of the Convertible Notes for cash upon the conversion thereof))”;
(b) by (i) replacing the word “and” at the end of clause (a)(vii) thereof with a comma, (ii) redesignating clause (viii) thereof as clause (ix) and inserting the following new clause (viii):
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended to add the following sentence to the end of said section: “For the avoidance of doubt, neither of the payment of cash nor the delivery of common stock by the Borrower upon conversion of any convertible or equity-linked debt securities issued by the Borrower pursuant the exception set forth in Section 6.01(n) of this Agreement shall be prohibited by this Section 6.08.”
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended by inserting the words “and the Existing 2013 Notes” after the words “Existing 2011 Notes” in clause (viii) of paragraph (b) thereof.
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended by inserting the following sentence at the end thereof: “The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.”
