Amendment to Sections 9. 5(c) and (d). The Parties hereby agree to amend and restate Sections 9.5(c) and (d) of the Japan Agreement by replacing such Sections, in their entirety, with the following:
Amendment to Sections 9. 1(h) and 9.1(n)
Amendment to Sections 9. 05(g) and (k) of the Credit Agreement. Sections 9.05(g) and (k) of the Credit Agreement shall be amended by amending and restating “Borrowing Base Utilization Percentage” with “percentage equal to the lesser of (x) the amount of the fraction expressed as a percentage, the numerator of which is the sum of the Revolving Credit Exposures of the Lenders on such day, and the denominator of which is $160,000,000 and (y) the Borrowing Base Utilization Percentage”.
Amendment to Sections 9. 04(a)(x) and 9.04(a)(xii). Each of Sections 9.04(a)(x) and 9.04(a)(xii) is hereby amended by replacing the phrase “, Investments pursuant to Section 9.05(l) and Capital Expenditures pursuant to Section 9.22(a)” with the phrase “and Investments pursuant to Section 9.05(l)”.
Amendment to Sections 9. 8 (a)(i) and 9.8(a)(ii). Sections 9.8 (a)(i) and 9.8(a)(ii) of the Purchase Agreement are hereby amended in their entirety to read as follows:
Amendment to Sections 9. 1 and 9.2. Effective as of September 28, 2012, Sections 9.1 and 9.2 of the Agreement are amended to read in their respective entirety as follows:
Amendment to Sections 9. 11(b) and (c). Sections 9.11(b) and (c) of the Credit Agreement are hereby amended by (i) deleting all references to "Convertible Notes" therein and replacing such references with "Existing Convertible Notes" and (ii) deleting all references to "Convertible Note Documents" therein and replacing such references with "Existing Convertible Note Documents"
Amendment to Sections 9. 1(g), (h), (i), (k) and (l). Sections 9.1(g), (h), (i), (k) and (l) of the Credit Agreement are hereby amended by replacing each reference to “$25,000,000” therein with a reference to “$50,000,000”.
Amendment to Sections 9. 9. Sections 9.9 of the Agreement is amended and restated in its entirety to read as follows:
Amendment to Sections 9. 2(a) and (b) of the Credit Agreement. Sections 9.2(a) and (b) of the Credit Agreement are hereby deleted and the following is substituted in lieu thereof:
