Amendment to Section 6.9. Clause (iii) of Section 6.9 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 6.9. Section 6.9 of the Agreement is hereby amended by adding subsection (iii), as follows:
Amendment to Section 6.9. Section 6.9 of the Credit Agreement is hereby amended by adding the following sentence at the end of such Section. If Incremental Term Loans are established, the Borrower shall utilize the proceeds of the Incremental Term Loans for one or more of the following as the Borrower, in its discretion, shall determine: to repay Revolving Credit Loans, to fund Senior Subordinated Note Repurchases or for Permitted Acquisitions or Acquisitions otherwise approved by the Required Lenders.
Amendment to Section 6.9. Section 6.9 of the Credit Agreement is amended by adding the following new clause (xv) at the end thereof: ; and (xv) from and after the US Finance Co. Guaranty Date, the US Finance Co. Indenture Restrictions.
Amendment to Section 6.9. The proviso at the end of Section 6.9 of the Credit Agreement is hereby deleted in its entirety and replaced with the following: provided, that the aggregate amount paid by the Borrower with respect to clauses (c) - (d) above in any fiscal year shall not exceed an aggregate amount equal to $23,000,000 plus 25.0% of Consolidated Net Worth determined as of the end of the immediately preceding fiscal year.
Amendment to Section 6.9. Section 6.9 of the Credit Agreement is hereby amended by adding the following as the last parenthetical at the end of such Section: “(plus the fees payable under the Professional Services Agreement (i) to the Sponsors with respect to each Permitted Acquisition or permitted Disposition in an aggregate amount not to exceed three percent (3.0%) of the aggregate consideration paid or received by the Borrower or any of its Wholly Owned Subsidiaries for such Permitted Acquisition or permitted Disposition, as applicable, and (ii) to Waud Capital Partners for professional advisory services in connection with the sale of all or substantially all of the Capital Stock or assets of the Borrower and its Subsidiaries equal to an aggregate amount of 0.30% of the enterprise value of the Borrower and its Subsidiaries realized in any such sale).”
Amendment to Section 6.9. A new sentence is hereby added to the end of Section 6.9 of the Credit Agreement to read as follows: Schedule 6.9 may be updated from time to time by the Borrower by giving written notice thereof to the Agent.
Amendment to Section 6.9. Section 6.9(g) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 6.9. Section 6.9 of the Loan Agreement is hereby amended by adding the following proviso at the end of such Section: “provided that on and after the First Amendment Effective Date through August 31, 2006, so long as no Default or Event of Default shall have occurred and be continuing, the Borrower may consummate the EPV Transaction pursuant to, and in accordance with, the EPV Transaction Documents delivered to the Administrative Agent and the Initial Lenders pursuant to Section 6.7(g)”.
Amendment to Section 6.9. The second parenthetical of Section 6.9 of the Credit Agreement is amended in its entirety to read as follows: “(including the management of Insurance-Linked Securities Funds through a Non-Insurance Subsidiary or through the ILS Fund Group)”.
