Amendment to Section 9.9. Section 9.9 of the Note Agreement shall be and is hereby amended in its entirety to read as follows:
Amendment to Section 9.9. Effective as of the date hereof, Section 9.9 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 9.9. The first sentence of Section 9.9 of the Business Combination Agreement is hereby amended in its entirety to be and read as follows:
Amendment to Section 9.9. Section 9.9 is deleted in its entirety and replaced with the following:
Amendment to Section 9.9. Section 9.9 of the Credit Agreement is hereby amended by deleting the “and” at the end of Section 9.9(c), deleting the period at the end of Section 9.9(d) and replacing it with “; and” and adding the following new Section 9.9(e):
Amendment to Section 9.9. The reference to Section 1.13(c)(i) in the first sentence of each of Section 9.9(a) and Section 9.9(b) of the Product Purchase Agreement is hereby deleted and replaced with “Section 1.13(c)(ii)”.
Amendment to Section 9.9. Section 9.9 of the Existing Credit Agreement is hereby amended by inserting in the twenty-sixth line thereof after the words “Senior Subordinated Note Holders” the words “, the Senior Notes Trustee, the Senior Notes Holders”.
Amendment to Section 9.9. Section 9.9 of the LLC Agreement is hereby amended by adding thereto the language below that is bolded and double underlined. “Void Transfers. Any Transfer by any Member, Warrantholder or Unitholder of any Units, Warrants or other interest in Holdings LLC in contravention of this Agreement (including, without limitation, the failure of the Transferee to execute a counterpart to this Agreement) or which would cause Holdings LLC to not be treated as a partnership for U.S. federal income tax purposes shall be void and ineffectual and shall not bind or be recognized by Holdings LLC or any other party. No purported assignee of a void transfer shall have any right to any Profits, Losses or Distributions of Holdings LLC.
Amendment to Section 9.9. Section 9.9 of the Credit Agreement is hereby amended as of the Sixth Amendment Effective Date by replacing the word “or” at the end of clause (iii) therein with “,”, inserting the word “or” at the end of clause (iv) therein, and inserting a new clause (v) at the end of clause (iv) to read as follows:
Amendment to Section 9.9. The first sentence of Section 9.9 of the Master Agreement is hereby modified to add the words “Seller’s Parent,” immediately prior to the word Seller.
