Amendment to Section 7.7. Section 7.7 of the Credit Agreement is hereby amended by deleting the word “and” at the end of clause (A) thereof and inserting in lieu thereof a comma and by deleting clause (B) thereof in its entirety and inserting in lieu thereof the following:
Amendment to Section 7.7. The first sentence of Section 7.7 of the Business Combination Agreement is hereby amended by adding the words “, the Divestiture Agreement or the Reorganization Documents” immediately following the words “the negotiation and execution of the Zacco Acquisition Agreement”.
Amendment to Section 7.7. Section 7.7(j) of the Credit Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 7.7. Section 7.7 is hereby amended and restated in its entirety as follows:
Amendment to Section 7.7. Section 7.7(b) of the Note Purchase Agreement is hereby amended by deleting the word “and” immediately preceding clause (x) thereto and inserting the following at the end of such Section: “and (xi) Asset Sales required by Section 6.21.”
Amendment to Section 7.7. Section 7.7 of the Credit Agreement is hereby amended by replacing the table therein in its entirety with the following:
Amendment to Section 7.7. Section 7.7(h) of the Credit Agreement is amended and restated in its entirety to read in full as follows, and new Section 7.7(i) is inserted as follows:
Amendment to Section 7.7. Section 7.7 of the Existing Credit Agreement is hereby amended by adding a new sentence to the end thereof which shall read as follows: “The Parent shall apply the net proceeds received from the issuance of the Structurally Subordinated Notes (notwithstanding Section 8.8 and without regard to clauses (e) or (g) of Section 3.1.1) as follows: (x) first, to the prepayment of at least $8,000,000 in aggregate principal amount of the Term Loans, together with accrued and unpaid interest on such prepaid amount, (y) second, to the repurchase of up to 100% of the 2009 Notes (pursuant to the 2009 Notes Repurchase), inclusive of principal, accrued interest thereon and all prepayment premiums or the like in respect thereof, if any, (however, if less than $89,000,000 is used within 90 days of the Third Amendment Effective Date to repurchase the 2009 Notes as provided above, to an additional prepayment of Term Loans in an aggregate principal amount (together with accrued and unpaid interest on such prepaid amount) equal to the difference between $89,000,000 and the amount actually used to repurchase such 2009 Notes), and (z) third, to the extent of any remaining net proceeds, for any use otherwise permitted under this Agreement.”
Amendment to Section 7.7. Section 7.7 of the Credit Agreement is hereby amended by replacing clause (ii) thereof with the following clause (ii) to read as follows:
Amendment to Section 7.7. Section 7.7 of the Credit Agreement is hereby amended by replacing the word “or” set forth after the phrase “the First Tranche Loan” with a comma and inserting the phrase “or the Third Tranche Loan” immediately after the phrase “the Second Tranche Loan”.
