Amendment to Section 9.19. Section 9.19 of the Credit Agreement is hereby amended as of the Second Amendment Effective Date by amending and restating such section in its entirety as follows:
Amendment to Section 9.19 of the Guaranty shall be amended by deleting clause (v) thereof in its entirety and inserting in lieu thereof the following new clause (v):
Amendment to Section 9.19. Section 9.19 of the Credit Agreement is hereby amended by deleting the last unlettered and unindented paragraph thereof in its entirety and inserting the following in lieu thereof: “In no event shall any Hedging Agreement to which the Borrower or any of its Restricted Subsidiaries is a party contain any requirement, agreement or covenant for the Borrower or any Restricted Subsidiary to post cash or other collateral or margin (except for Letters of Credit not exceeding $2,500,000 in the aggregate at any time and collateral subject to Liens allowed under Section 9.03(d)), other than pursuant to the Security Instruments for the benefit of the Secured Hedging Providers, to secure their obligations under such Hedging Agreement or to cover market exposures. The Loan Parties will not unwind, sell, terminate, restructure, modify or otherwise affect (“Unwind”) any Hedging Agreement in respect of commodities that was in effect at the time of the most recent Borrowing Base determination (the “Borrowing Base Hedging Contracts”) where the net marked to market economic effect of such Hedging Agreement Restructuring on the date thereof is negative (which, if such Hedging Agreement Restructuring is settled for cash only, shall equal the net amount of cash such Loan Parties receive), unless (a) the net marked to market economic effect of such Hedging Agreement Restructuring on the date thereof, when combined with the net marked to market economic effect of all other Hedging Agreement Restructurings consummated during the period since the last Redetermination Date, is less than or equal to five percent (5%) of the value of the Borrowing Base then in effect, or (b) if the net marked to market economic effect of such Hedging Agreement Restructuring on the date thereof, when combined with the net marked to market economic effect of all other Hedging Agreement Restructurings consummated during the period since the last Redetermination Date, is greater than five percent (5%) of the Borrowing Base then in effect, the Borrowing Base (and, prior to the Non-Conforming Tranche Termination Date, the Conforming Tranche) is reduced in accordance with the following sentence. The Administrative Agent shall recommend, if it determines in its judgment that it is appropriate to do so, a reduction of the Borrowing Base (and, prior to the Non-Conforming Tranche Termination Date, the Conforming Tranche) by the portion of the Borrowing Base attributable to such net economic effect of the Hedging...
Amendment to Section 9.19. Section 9.19 of the Credit Agreement is restated in in its entirety to read as follows:
