Amendment to Section 7.12. Section 7.12 of the Credit Agreement is hereby amended by restating such section in its entirety as follows:
Amendment to Section 7.12. Section 7.12 is hereby amended in its entirety to read as follows:
Amendment to Section 7.12. Section 7.12 of the Credit Agreement is hereby amended and restated in its entirety so that it reads as follows: “[Intentionally Omitted.]”.
Amendment to Section 7.12. Section 7.12 of the Credit Agreement is hereby amended by inserting the words “(other than the Joint Venture and its Subsidiaries)” after the word “Subsidiary” in the first line thereof.
Amendment to Section 7.12. Section 7.12 of the Credit Agreement is hereby deleted and the following substituted therefor:
Amendment to Section 7.12. Section 7.12 of the Credit Agreement is hereby amended by (a) deleting the reference to “and” at the end of clause (d), (b) inserting a reference to “; and” at the end of clause (e), and (c) inserting new clause (f) as follows:
Amendment to Section 7.12. A. Section 7.12 of the Credit Agreement is hereby amended and restated in its entirety as follows: “Sanctions. Directly or indirectly, use the proceeds of any Credit Extension, or lend, contribute or otherwise make available such proceeds to any Subsidiary of the Borrower or any Company Group Party, or to any Equity Investor Subsidiary, joint venture partner or other individual or entity, to fund any activities of or business with any individual or entity, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions or in any other manner that will result in a violation by any individual or entity (including any individual or entity participating in the transaction, whether as Lender, Arranger, Administrative Agent, L/C Issuer or otherwise) of Sanctions.”
Amendment to Section 7.12. Section 7.12 of the Business Combination Agreement is hereby amended in its entirety to be and read as follows:
Amendment to Section 7.12. Section 7.12 of the Credit Agreement is hereby amended by deleting the first sentence of such Section and replacing such sentence with the following: “No Credit Party will purchase, redeem, retire or otherwise acquire for value, or set apart any money for a sinking, defeasance or other analogous fund for the purchase, redemption, retirement or other acquisition of, or make any voluntary payment or prepayment of the principal of or interest on, or any other amount owing in respect of, any Subordinated Indebtedness, except for (a) regularly scheduled payments or prepayments of principal and interest in respect thereof required pursuant to the instruments evidencing such Subordinated Indebtedness and (b) Senior Subordinated Note Repurchases to the extent permitted pursuant to Section 7.6(a)(viii) hereof.”
Amendment to Section 7.12. Section 7.12 shall be amended by deleting clause (h) and the word “and” immediately preceding clause (h) and replacing it with the following:
(h) Guaranties by Fleetwood of mortgage Debt permitted to be incurred pursuant to Section 7.13(s), provided that such Guaranty shall not be secured by any property other than the property pledged by the primary obligor securing the underlying mortgage Debt; and (i) other Guaranties in an aggregate amount not to exceed $10,000,000 at any time in effect.”
