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 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 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 Credit Agreement is hereby amended by: (A) deleting the word “and” appearing at the end of clause (h) thereof and inserting in lieu thereof a comma; and (B) inserting the following new clauses (j) and (k) at the end of Section 6.08:
Amendment to Section 6.08. Section 6.08 of the Credit Agreement is hereby amended by deleting such Section in its entirety and inserting the following in lieu thereof:
Amendment to Section 6.08. Section 6.08(b) of the Credit Agreement is hereby amended as follows:
(a) by deleting the text “and” at the end of clause (xiii) in Section 6.08(b);
(b) by inserting the text “and” at the end of clause (xiv) in Section 6.08(b) and
(c) by inserting the following new clause (xv) immediately after clause (xiv) in Section 6.08(b):
(xv) payments of consent fees in connection with the consent solicitation described in the Form S-4 of The Mosaic Company and Xxxxxxx Fertilizer LLC filed with the Securities and Exchange Commission on September 24, 2004.
Amendment to Section 6.08. Section 6.08 of the Agreement is hereby amended by deleting “27.2866” and replacing it with “23.1936”.
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.”
