Amendment to Section 8.11. Section 8.11 of the Existing Credit Agreement is hereby amended by adding the following new clause (vii) at the end of such section definition and making the appropriate punctuation and grammatical changes to such definition:
Amendment to Section 8.11. Section 8.11 of the Credit Agreement is hereby amended and restated so that it reads, in its entirety, as follows:
Amendment to Section 8.11. Section 8.11 of the Credit Agreement is hereby amended by inserting in clause (i) thereof after the phrase “permitted by Section 8.5(f)” the phrase “or Section 8.5(k)”.
Amendment to Section 8.11. Section 8.11 of the Credit Agreement is hereby amended by replacing clauses (c) and (e) in their entirety with the following:
Amendment to Section 8.11. Section 8.11 of the Loan Agreement is hereby amended as follows: (i) by inserting a comma after the word "Lessee" appearing in the fourth line thereof, inserting the words "Agent, any Lender" immediately after such comma, and deleting the word "its" appearing before the words "respective successors" and replacing it with the word "their", (ii) by inserting the words "for any liability or obligation hereunder or under any other Operative Document (including without limitation, the payment of the principal of, or interest on, the Loans) or" immediately after the words "respective successors and assigns" appearing in the fourth and fifth lines of such Section, (iii) by deleting the words "Master Lease" immediately following the words "in respect of this" appearing in the fifth line of such Section and replacing them with the words "Loan Agreement" and (iv) by inserting the words "or the Lenders" immediately after the words "obligations of Lessor to the Lessee" appearing in clause (ii) of such Section.
Amendment to Section 8.11. Section 8.11(a) of the Credit Agreement shall be amended by adding “or 8.03” immediately after the reference to “Section 8.02” in such Section.
Amendment to Section 8.11. Section 8.11 of the Existing Credit Agreement is hereby amended by deleting the last sentence of Section 8.11 and substituting in replacement thereof the following sentence: “Any Bank receiving any such amount shall purchase for cash from the other Banks an interest in their Long Term Revolving Credit Notes and their Short Term Revolving Credit Notes or Term Notes, as applicable, in such amount as shall result in a pro rata participation by each of the Banks in the aggregate unpaid amount of all outstanding Long Term Revolving Credit Notes, Short Term Revolving Credit Notes or Term Notes, as applicable, then held by the Banks; provided that if all or any portion of such amount is hereafter recovered from such Bank, such purchase shall be rescinded and the purchase price restored to the extent of such recovery without interest except as required by law or by any judgment or settlement relating to such recovery.”
Amendment to Section 8.11. Section 8.11 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: “Except as is otherwise expressly provided for in this Loan Agreement, the Credit Parties will not, nor will they permit any Subsidiary to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any encumbrance or restriction (other than restrictions imposed by law) on the ability of any such Person to (a) pay dividends or make any other distributions to any Credit Party or any Subsidiary on its Capital Stock or with respect to any other interest or participation in, or measured by, its profits, (b) pay any Indebtedness or other obligation owed to any Credit Party, (c) make loans or advances to any Credit Party, (d) sell, lease or transfer any of its Property to any Person, or (e) (i) pledge its Property except pursuant to the Loan Documents or any renewals, refinancings, exchanges, refundings or extensions (including any Permitted Refinancing) thereof or (ii) act as a Credit Party pursuant to the Loan Documents or any renewals, refinancings, exchanges, refundings or extensions (including any Permitted Refinancing) thereof, except (in respect of any of the matters referred to in clauses (a)-(e)(i) above) for such encumbrances or restrictions existing under or by reason of (A) this Loan Agreement, the other Loan Documents or the SVS Loan Agreement, (B) applicable law, (C) any document or instrument governing Indebtedness incurred pursuant to Section 8.1(c), provided that any such restriction contained therein relates only to the asset or assets constructed or acquired in connection therewith or (D) any Permitted Lien or any document or instrument governing any Permitted Lien, provided that any such restriction contained therein relates only to the asset or assets subject to such Permitted Lien.”
Amendment to Section 8.11. Section 8.11 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 8.11. Section 8.11(y)(A) of the Credit Agreement is hereby amended and restated in its entirety to read: “contained in any agreement governing any Indebtedness permitted by clauses (c), (e), or (k) of Section 8.2 as to the assets financed with the proceeds of such Indebtedness and secured by Liens permitted by clauses (b), (e) or (k) of Section 8.3, or”
