Amendment to Section 6.2. Section 6.2 of the Credit Agreement is hereby amended by:
Amendment to Section 6.2. Section 6.2 of the Original Agreement shall be amended by deleting all instances of the words “and Merger Sub”.
Amendment to Section 6.2. The lead-in to Section 6.2 and Sections 6.2(a) and 6.2(b) of the Agreement are hereby amended and restated in their entirety as follows:
Amendment to Section 6.2. Section 6.2(f) of the Merger Agreement is hereby replaced in its entirety by the following:
Amendment to Section 6.2. Subsection (d) of Section 6.2 of the Credit Agreement is hereby amended by deleting the words “(other than the Collateral)”.
Amendment to Section 6.2. Section 6.2 of the Credit Agreement is hereby amended by (a) deleting the word “and” at the end of clause (m) therein, (b) deleting the period the period at the end of clause (n) therein and substituting in lieu thereof a semicolon and (c) adding immediately after clause (n) therein new clauses (o) and (p) as follows:
Amendment to Section 6.2. A new clause (u) is hereby added to the end of Section 6.2 of the Credit Agreement to read as follows, and the appropriate grammatical changes are made to Section 6.2:
Amendment to Section 6.2. Clause (i) of the final paragraph of Section 6.2 is hereby deleted and replaced in its entirety with the following: Parent from taking any action, at any time or from time to time, that in the reasonable judgment of Parent Board, upon advice of outside counsel to Parent, is reasonably necessary for Parent or any Parent Subsidiary REIT to avoid or to continue to avoid incurring entity level income or excise Taxes under the Code or to maintain its qualification as a REIT under the Code for any period or portion thereof ending on or prior to the Company Merger Effective Time, including making dividend or other distribution payments to stockholders of Parent or such Parent Subsidiary REIT, as applicable, in accordance with this Agreement or otherwise, or to qualify or preserve the status of Parent OP or any other Parent Subsidiary as a disregarded entity or partnership for U.S. federal income tax purposes or as a Qualified REIT Subsidiary, a Taxable REIT Subsidiary or REIT under the applicable provisions of Section 856 of the Code, as the case may be;
Amendment to Section 6.2. Section 6.2 (o) is hereby amended by adding at the end thereof the following: “ and Liens encumbering assets of Foreign Subsidiaries securing their obligations arising under sales of receivables owned by such Foreign Subsidiaries permitted by Section 6.8(d);”
Amendment to Section 6.2. Section 6.2 of the Credit Agreement is hereby amended by (i) replacing the term “.” at the end of clause 6.2(e) with the term “; and” and (ii) adding the following clause immediately after clause 6.2(e):
