Amendment to Section 7.03. Section 7.03 of the Credit Agreement is hereby amended by (i) deleting the word “and” immediately at the end of paragraph (m) therein; (ii) deleting the period at the end of paragraph (n) therein and substituting in lieu thereof “; and”; and (iii) adding the following new paragraph (o) therein in the appropriate alphabetical order:
Amendment to Section 7.03. Section 7.03(o) of the Credit Agreement is hereby amended by restating such section in its entirety as follows:
Amendment to Section 7.03. Section 7.03 of the Credit Agreement is hereby amended by amending and restating clause (l) of such section in its entirety as follows:
Amendment to Section 7.03. Section 7.03 of the Credit Agreement is hereby amended by inserting at the end of clause (a) thereof the words “and the Convertible Subordinated Debt;”.
Amendment to Section 7.03. Section 7.03 of the Credit Agreement is hereby amended by deleting the words in the third to last paragraph “ the first paragraph of this Section and”.
Amendment to Section 7.03. Section 7.03 of the Credit Agreement is hereby amended to amend and restate Section 7.03(i) and Section 7.03(o) in their entirety as follows:
(i) (i) Investments by the Borrowers and their Restricted Subsidiaries in joint ventures, (ii) additional Investments by the Borrowers and their Restricted Subsidiaries that are Loan Parties in Restricted Subsidiaries that are not Loan Parties and (iii) additional Investments after the date hereof by the Borrowers and their Restricted Subsidiaries in Unrestricted Subsidiaries; provided that at the time of making any such Investment the then aggregate outstanding amount of all Investments made in reliance on this subsection (i), together with the then aggregate outstanding amount of Investments in respect of Permitted Acquisitions and Permitted Drop Downs, in each case resulting in the acquisition by the Borrowers and their Restricted Subsidiaries of Persons that do not become Loan Parties or constituting purchases of assets that are acquired directly by Restricted Subsidiaries that are not Loan Parties, shall not exceed an amount equal to (x) for the period beginning on the Amendment No. 2 Effective Date and ending on March 31, 2022, $95,000,000 or (y) for any other period, the greater of (A) $75,000,000 and (B) 11.75% of Consolidated Net Tangible Assets in the aggregate (measured at the time such Investment is made); provided further that, the amount of any Investment in an Unrestricted Subsidiary deemed outstanding under the preceding clauses (x) and (y) shall be reduced by any dividend, distribution, interest payment, return of capital, repayment or other amount received in cash by a Borrower or any Restricted Subsidiary in respect of such Investment;”
Amendment to Section 7.03. Section 7.03 of the Loan Agreement is hereby amended by (a) deleting the word “and” at the end of clause (k), (b) deleting the “.” at the end of clause (l) and replacing it with “; and” and (c) adding the following new clause (m) at the end thereof:
Amendment to Section 7.03. Section 7.03 of the Credit agreement is hereby amended by deleting the word “and” at the end of subparagraph (n) thereof, renumbering the existing subparagraph (o) as subparagraph (p) and inserting a new subparagraph (o) as follows:
Amendment to Section 7.03. Section 7.03 of the Merger Agreement is hereby amended by inserting, immediately following Section 7.03(i), the following new Section 7.03(j):
Amendment to Section 7.03. Section 7.03 of the Credit Agreement is hereby amended by inserting the phrase “after the Collateral Release Date” immediately after the words “At any time” in the first line of such Section.
