Amendment to Section 9.4. Section 9.4 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 9.4. Section 9.4 of the Agreement is hereby amended by deleting the same in its entirety and substituting therefor the following:
Amendment to Section 9.4. Section 9.4 of the Original Agreement is hereby amended and restated to add the phrase “and beyond” after the phrase “(Phase II or III”.
Amendment to Section 9.4. Section 9.4 of the Agreement shall be amended to read in its entirety as follows: “Expiration or termination of this Agreement (including under Section 2.5) for any reason shall not release either Party from any obligation or liability which, at the time of such expiration or termination, has already accrued to the other Party or which is attributable to a period prior to such expiration or termination. The following Sections and Articles shall survive the expiration or termination of this Agreement for any reason: Sections 2.4, 2.5, 2.6, 4.1.5, Article 5, Article 7, Article 8, Article 9, and Article 10.”
Amendment to Section 9.4. Section 9.4 of the Original Agreement is hereby amended as follows:
(i) The third sentence of Section 9.4(a) is hereby deleted and void in its entirety.
(ii) The following shall be added to the end of Section 9.4 as a new Section 9.4(e):
Amendment to Section 9.4. Section 9.4 of the Credit Agreement is hereby amended as follows:
(a) amending clause (h) to replace “as of the Closing Date” with “as of the First Amendment Effective Date”.
(b) by adding a new clause (i) to the end of such Section to read as follows and making the necessary grammatical changes thereto:
(i) any Subsidiary may dispose of all or substantially all of its assets (upon voluntary liquidation, dissolution, winding up or otherwise) to any Person in accordance with, and subject to the terms of, Section 9.5(f), including the mandatory prepayments related thereto.
Amendment to Section 9.4. Section 9.4(b) of the Loan Agreement is hereby deleted in its entirety and replaced as follows:
Amendment to Section 9.4. Section 9.4 of the Loan Agreement is hereby amended by replacing the period at the end of clause (i) thereof with the phrase “, and”, and by adding the following new clause (j) to the end of said Section 9.4:
Amendment to Section 9.4. Section 9.4 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 9.4. Section 9.4 is hereby amended to include at the end of such section a new clause (iv) as follows:
