Amendment to Section 9.1 of the Credit Agreement. Section 9.1 of the Credit Agreement is hereby amended and restated in its entirety to read in full as follows:
Amendment to Section 9.1 of the Credit Agreement. Section 9.1(d) of the Credit Agreement is hereby amended to delete the reference to “$350,000,000” and replace it with “$550,000,000”.
Amendment to Section 9.1 of the Credit Agreement. Section 9.1 (Restrictions on Indebtedness) of the Credit Agreement is hereby amended by: (i) deleting the word “and” at the end of paragraph (e) therein; (ii) deleting the period (“.”) at the end of paragraph (f) therein and substituting therefor the following: “; and”; and (iii) adding the following new paragraph (g) in the appropriate alphabetical order:
Amendment to Section 9.1 of the Credit Agreement. Clauses (a), (d) and (e) of Section 9.1 of the Credit Agreement shall be amended to read in full as follows:
(a) Borrower may incur, become or remain liable for:
(i) the Obligations;
(ii) Permitted Subordinate Debt; provided, that:
(A) Additional Permitted Subordinate Debt (other than Refinancing Debt) may not exceed an aggregate principal amount outstanding at any one time of $300,000,000, and contemporaneously with any issuance or incurrence thereof (1) the Borrowing Base shall be automatically reduced pursuant to and in accordance with Section 2.13 and (2) Borrower shall make any mandatory prepayment required by with Section 2.6(b), if applicable;
(B) the sum of the 2010 Senior Subordinated Notes Debt and the Encore Permitted Subordinate Debt outstanding at any time after the Encore Notes Outside Redemption Date may not exceed an aggregate principal amount of $1,250,000,000; and
(C) the Encore Permitted Subordinate Debt outstanding under the issuances of Debt described in clauses (a), (b) and (d) of the definition of “Encore Senior Subordinated Notes” at any time after the Fourth Amendment Effective Date may not exceed an aggregate principal amount of $5,000,000;
(iii) other unsecured Debt in an aggregate amount outstanding at any time not to exceed $40,000,000;”
(d) Borrower or Onshore, as the case may be without duplication, may incur, become or remain liable for Refinancing Debt; provided, that;
(i) (A) the sum of the aggregate principal amount of Refinancing Debt plus the Permitted Subordinate Debt (other than Additional Permitted Subordinate Debt) outstanding at any time after the Fourth Amendment Effective Date may not exceed (B) the sum of the aggregate principal amount of Permitted Subordinate Debt outstanding on the Fourth Amendment Effective Date plus any customary out-of-pocket costs, fees and expenses reasonably incurred by Borrower or Onshore, as applicable, in connection with the issuance of Refinancing Debt plus accrued and unpaid interest on Debt being refinanced and paid in connection with any issuance of Refinancing Debt; and
(ii) (A) the sum of the aggregate principal amount of Refinancing Debt plus the Permitted Subordinate Debt outstanding at any time after the Fourth Amendment Effective Date may not exceed (B) the sum of the aggregate principal amount of Permitted Subordinate Debt outstanding on the Fourth Amendment Effective Date plus any customary out-of-pocket costs, fees and expenses reasonably incurred by Borrower or Onshore, ...
