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:
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)(i) of the Credit Agreement is hereby amended by deleting clause (i) in its entirety and substituting the following new clause (i) therefor:
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:
