Amendment to Subsection 7. 6. Subsection 7.6 of the Credit Agreement is hereby amended by deleting such subsection in its entirety and inserting in lieu thereof the following new subsection 7.6:
Amendment to Subsection 7. 2. Subsection 7.2 of the Credit Agreement is hereby amended by adding immediately after paragraph (b) in such subsection the following:
Amendment to Subsection 7. 2. Subsection 7.2 of the Credit Agreement is hereby amended by (a) deleting the "and" and the end of clauses "(e)", (b) relettering clause "
Amendment to Subsection 7. 6. Subsection 7.6(b) is hereby amended as of the Effective Date by
(a) replacing the words and numbers “two (2)” appearing in clauses (i) and (ii) of the proviso thereof in each case with the words and numbers “one (1)”,
(b) (A) inserting the words “or during any period commencing when 30-Day Specified Excess Availability is less than 20% of the lesser of (x) total Commitments as then in effect and (y) the Borrowing Base at such time (based on the Borrowing Base Certificate last delivered) (the “Increased Monitoring Threshold”) for 90 consecutive days and ending when 30-Day Specified Excess Availability exceeds the Increased Monitoring Threshold for 30 consecutive days” after the words “unless a Dominion Event has occurred and is continuing” in clause (i) of such proviso, and (B) substituting the word “cases” for “case” occurring immediately thereafter, and
(c) (A) inserting the words “or during any period commencing when 30-Day Specified Excess Availability is less than 20% of the lesser of (x) total Commitments as then in effect and (y) the Borrowing Base at such time (based on the Borrowing Base Certificate last delivered) for 90 consecutive days and ending when 30-Day Specified Excess Availability exceeds the Increased Monitoring Threshold for 30 consecutive days” after the words “unless a Dominion Event has occurred and is continuing” in clause (ii) of such proviso and (B) substituting the word “cases” for “case” occurring immediately thereafter.
Amendment to Subsection 7. 8: CONSOLIDATED CAPITAL EXPENDITURES ---------------------------------------------------------------
Amendment to Subsection 7. 9. Subsection 7.9 of the Credit Agreement is hereby amended by deleting each reference to "the Company" (except for references therein to officers of the Company) and substituting therefor each such time a reference to "Holding".
Amendment to Subsection 7. 2.6. Clause (ii) of the proviso in Subection 7.2.6(b) is hereby amended to change the date “July 1, 2006” to “July 1, 2010 and change the reference to “Restatement Date” to “Amendment Date”. In addition, a new clause (vi) shall be added to the proviso in Subsection 7.2.6
Amendment to Subsection 7. 6. Subsection 7.6 is hereby amended by deleting clause (ii) of such subsection in its entirety and inserting in lieu thereof the following:
Amendment to Subsection 7. 7. Subsection 7.7(b) of the Credit Agreement is hereby amended by deleting such subsection in its entirety and substituting in lieu thereof the following:
(b) any (i) default or event of default under any Contractual Obligation of any Borrower or any Subsidiary, including, without limitation, under the Senior Subordinated Notes or the Senior Subordinated 1997 Notes or (ii) litigation, investigation or proceeding which may exist at any time between any Borrower or any Subsidiary and any Governmental Authority, which in either case, if not cured or if adversely determined, as the case may be, could reasonably be expected to have a Material Adverse Effect;"
Amendment to Subsection 7. 1: Indebtedness -----------------------------------------
Subsection 7.1 of Credit Agreement is hereby amended by (i) deleting the "; and" at the end of clause (xi) thereof and substituting therefor ";";
