Amendment to Section 8.01(i). Section 8.01(i) is hereby amended and restated in its entirety to read as follows:
Amendment to Section 8.01(i). Section 8.01(i) is hereby amended by replacing the phrase “the Borrower or any Subsidiary” with “the Parent, the Borrower or any Subsidiary”.
Amendment to Section 8.01(i). Section 8.01(i) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 8.01(i). Section 8.01(i) of the Merger Agreement is hereby amended in its entirety to read as follows:
(i) by the Company if, (x) Purchaser shall have breached its obligations under Section 6.09, or (y) on or before Xxxxx 0, 0000, Xxxxxxxxx or Parent have not deposited or cause to have been deposited an aggregate of an additional $175,000,000 (the “Remaining Amount”) into the escrow fund referred to in the Second Escrow Agreement, or have not delivered Acceptable Commitment Letters (as such term is defined in the Second Escrow Agreement) which, in the aggregate, provide for financing equal to the Remaining Amount; provided, that the amount of financing provided by any Acceptable Commitment Letter shall be deemed to be the lesser of (i) the amount committed under such Acceptable Commitment Letter and (ii) the amount which, based on the terms of such commitment, can be borrowed in cash at the Closing Date to finance the consummation of the Merger (in each case, net of any upfront fees or other costs to be retained or charged by or to be reimbursed to such issuer); provided, further, that the amount of financing provided by any Acceptable Commitment Letter for purposes of this Section 8.01(i) shall be reduced dollar for dollar by the amount of any distribution of funds from the escrow account under the Second Escrow Agreement made pursuant to Section 3(c) thereof in connection with the delivery of such Acceptable Commitment Letter; and provided, further, that for the avoidance of doubt, an Acceptable Commitment Letter for purposes of this Section 8.01(i) is one that on or before March 1, 2005 is acceptable to the Company under Section 3(c) of the Second Escrow Agreement.
Amendment to Section 8.01(i). Section 8.01(i) is hereby amended by deleting such Section in its entirety and replacing it with the following:
Amendment to Section 8.01(i). Section 8.01(i) is amended in its entirety to read as follows:
(i) other Liens securing Indebtedness that does not exceed in the aggregate at any one time outstanding $20,000,000; provided that such Liens may not secure the Note Agreement”.
