Amendment to Section 7.03(a). Clause (A) of Section 7.03 of the Credit Agreement is hereby amended and restated in its entirety as follows:
(A) No Intermediate Parent shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Indebtedness, except:
(i) Indebtedness under the Loan Documents;
(ii) in the case of a Borrower, customary contractual indemnities owed to the administrative agent, collateral agent, trustee or any similar agent or servicer under a Loan Asset that is included in the calculation of the Borrowing Base Amount; and
(iii) in the case of any Property Asset Subsidiary Guarantor, unsecured trade payables incurred in the ordinary course of business relating to the ownership and operation of Property, so long as such unsecured trade payables are paid within sixty (60) days of the date incurred.
Amendment to Section 7.03(a). Section 7.03(a) of the Original Merger Agreement is hereby amended by replacing the reference to “$62,000,000” therein with a reference to “$34,000,000.”
Amendment to Section 7.03(a). Section 7.03(a) of the Financing Agreement is hereby amended by deleting the indicated leverage ratios pertaining to each fiscal quarter ending in 2009 and inserting in place thereof the following ratios: “Fiscal Quarter End Leverage Ratio March 31, 2009 2.08:1.00 June 30, 2009 (16.38):1.00 September 30, 2009 (31.30):1.00 December 31, 2009 1.61:1.00” Administrative Agent shall establish required maximum ratios for each period ending on the last day of each fiscal quarter after December 31, 2009 based on the projections to be delivered during December, 2009 pursuant to Section 7.01(a)(vii) in such manner as Administrative Agent may determine in its sole and absolute discretion, provided, that if Administrative Agent and Borrower cannot agree on such revised maximum ratios, then for purposes of Section 7.03(a), the leverage ratios currently set forth opposite each fiscal quarter ending on and after March 31, 2010 shall be the maximum leverage ratio presently set forth in Section 7.03(a).
Amendment to Section 7.03(a). Section 7.03(a) of the Financing Agreement is hereby amended effective for all purposes as of June 30, 2009, by deleting the same in its entirety and inserting the following text in place thereof:
Amendment to Section 7.03(a). Section 7.03(a)(i) of the Credit Agreement is hereby amended by deleting clause (i) in its entirety and substituting the following new clause (i) therefor:
(i) any Subsidiary of any Borrower may merge into such Borrower in a transaction in which such Borrower is the surviving Person and any Borrower may merge into another Borrower,”.
