Amendments to Article 9. 1. Notwithstanding the provisions of Sections 2.03.A.2 and 2.03.A.3, any provision of Article 9 which applies only to an individual Wholesale Customer may be amended with the written concurrence of San Francisco and the Wholesale Customer to which it applies; provided that the amendment will not, directly or indirectly, adversely affect the Fundamental Rights of the other Wholesale Customers.
2. Before making any such amendment effective, San Francisco shall give notice, with a copy of the text of the proposed amendment, to all other Wholesale Customers. The Wholesale Customers shall have 30 days in which to object to the amendment on the ground that it is not permissible under this subsection. If no such objection is received by San Francisco, the proposed amendment shall become effective. If one or more Wholesale Customers object to the amendment, San Francisco, the individual Wholesale Customer with which San Francisco intends to effect the amendment, and the Wholesale Customer(s) which lodged the objection shall meet to discuss the matter.
3. If the dispute cannot be resolved and San Francisco and the Wholesale Customer involved elect to proceed with the amendment, either San Francisco or the Wholesale Customer shall give written notice of such election to each Wholesale Customer that has objected. Any Wholesale Customer that has objected to such amendment shall have 30 days from receipt of this notice within which to commence an action challenging the validity of such amendment, and such amendment shall be deemed effective as of the end of this 30-day period unless restrained by order of court.
Amendments to Article 9. (a) Pursuant to Section 2.02(23) of the Base Indenture, Section 9.02 of the Base Indenture is hereby amended with respect to the Notes by deleting the text of Section 9.02(2) in its entirety and inserting in its place the following:
Amendments to Article 9 of the Indenture is hereby amended by deleting the word “or” at the end of clause (11) and adding, immediately following clause (12), the following new clauses (13) and (14):
Amendments to Article 9 is hereby deleted in its entirety and replaced with the following:
Amendments to Article 9. The provisions of Article 9 of the -------------------------- Credit Agreement are hereby amended as follows: a The provisions of Section 9.2 are hereby deleted in their entirety.
Amendments to Article 9. 2.7.1 Paragraph (a)(11) of Section 9.01 shall be deleted and replaced with the following:
Amendments to Article 9. Article 9 of the Agreement is hereby amended by
a. in the second sentence of Section 9.7.2(a)(ii), deleting the phrase [*] from each of clauses (B) and (C);
b. in Section 9.8.4(i), deleting the phrase “or 2.3.2”;
c. in Section 9.10.2(c), replacing the phrase “the restrictive covenants set forth in Sections 2.3.1 and 2.3.2” with “the restrictive covenants set forth in Section 2.3.1”, and deleting the phrase [*] each time it appears therein; and
d. also in Section 9.10.2(c), deleting from the third sentence thereof the phrase “and/or all [*] (only where such Existing Activities relate to products directed against the [*] which would otherwise violate Wyeth’s exclusivity covenants in Section 2.3.2 hereof)”.
Amendments to Article 9. 4.2.1 Subsection (b) of Section 9.4 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:
(i) Senior Indebtedness, the permitted amount to be permanently reduced by the amount of (A) any prepayments or scheduled repayments of Permitted Construction Indebtedness or term debt (other than term debt under the Senior Credit Agreement, the repayment of which increases revolving facility availability), (B) any permanent repayments of, or reductions in commitments with respect to, revolving debt and (C) any payments made under leases entered into in connection with Permitted Sale-Leasebacks; and (ii) existing Indebtedness set forth on Schedule 5.27."
(a) Subsection (j) of Section 9.5 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Article 9. (a) Each reference in Section 9.03(a) to “Administrative Agent” is hereby replaced with “Agents”.
(b) Each reference in Section 9.13(v) and (vi) to “the Administrative Agent” is hereby replaced with “any Agent” and each other reference in Section 9.13 to “the Administrative Agent” is hereby replaced with “Agent”.
Amendments to Article 9. Section 9.02 of the Indenture is hereby amended by adding, immediately following clause (12), the following new clauses (13) and (14):