Amendment to Section 9.04. Section 9.04 of the Credit Agreement is hereby amended to restate in its entirety clause (c) thereof as follows:
Amendment to Section 9.04. Section 9.04 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 9.04. Section 9.04(b)(ii)(D) of the Credit Agreement is hereby amended by deleting the text “OR” immediately preceding the text “TRANCHE C-6 TERM LOANS” set forth therein and replacing it with the symbol “, “ and is further amended by inserting the text “OR TRANCHE C-7 TERM LOANS” immediately following the occurrence of the text “TRANCHE C-6 TERM LOANS” set forth therein.
Amendment to Section 9.04. Section 9.04 of the Credit Agreement is hereby amended to delete the word “and” at the end of clause (d), redesignate clause (e) thereof as clause (f) and insert the following new clause (e):
Amendment to Section 9.04. Subclause (E) contained in clause (ii) of Section 9.04(b) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 9.04. Section 9.04 of the Credit Agreement is hereby amended to delete the proviso at the end of subsection (c) thereof.
Amendment to Section 9.04. On the Amendment No. 1 Effective Date, Section 9.04(d) of the Credit Agreement shall be amended by inserting the text “or any central bank having jurisdiction over such Lender,” immediately after the text “Federal Reserve Bank”, as set forth therein.
Amendment to Section 9.04. Section 9.04 of the Credit Agreement is hereby amended to restate clause (c) thereof in its entirety as follows:
(c) without limiting the dividends permitted by Section 9.04(b), the Borrower may declare and pay cash dividends on its Series C, Series D and Series E preferred stock permitted hereunder so long as (i) no Event of Default exists at the time of, or is caused by, such payment, (ii) after giving effect to such payment, availability under the Borrowing Base is equal to or greater than the greater of (x) two and one-half percent (2.5%) of the Borrowing Base then in effect and (y) $5,000,000, and (iii) such dividends do not exceed $45,000,000 in the aggregate in any calendar year;”.
Amendment to Section 9.04. Section 9.04 of the Credit Agreement is amended by adding the following new subsection (e) immediately after subsection (d) thereof:
Amendment to Section 9.04. (a) Section 9.04 of the Credit Agreement is hereby amended by deleting the occurrence of “, and” at the end of clause (a) thereof and replacing it with “;”
(b) Section 9.04 of the Credit Agreement is hereby amended by amending and restating clause (b) thereof to read in full as follows:
