Amendments to Article III. Article III of the Existing Credit Agreement is hereby amended as follows:
Amendments to Article III. Article III of the Existing Credit Agreement is hereby amended in accordance with Sections 2.3.1 through 2.3.2.
SECTION 2.3.1. Section 3.1.1 is amended by (i) re-lettering clauses (e) and (f) of such Section as clauses “(h)” and “(i)”, respectively, and (ii) adding a new clauses (e), (f) and (g), to read in their entirety as follows:
Amendments to Article III. (a) The third sentence of Section 3.03(a) is hereby deleted and replaced in its entirety with the following: In the event that the Master Servicer, in its judgment, determines that a Servicer should be terminated in accordance with its Servicing Agreement, or that a notice should be sent pursuant to such Servicing Agreement with respect to the occurrence of an event that, unless cured, would constitute grounds for such termination, the Master Servicer shall notify the Depositor and the Trustee thereof, and with respect to the SRO Servicer, the Master Servicer shall also notify the Servicing Rights Owner, and the Master Servicer shall issue such notice or take such other action as it deems appropriate and is consistent with Section 3.03(b) or, with respect to the SRO Servicer, Section 3.03(f) below.
(b) The first sentence of Section 3.03(b) is hereby deleted and replaced in its entirety with the following: The Master Servicer, for the benefit of the Trust and the Certificateholders, shall enforce the obligations of each Servicer under the related Servicing Agreement, and shall, in the event that a Servicer fails to perform its obligations in accordance with the related Servicing Agreement, subject to the preceding paragraph, (a) for the SRO Servicer, act in accordance with Section 3.03(f) below and (b) for any other Servicer, terminate the rights and obligations of such Servicer thereunder and act as servicer of the related Mortgage Loans or enter into a new Servicing Agreement with a successor Servicer selected by the Master Servicer which the Master Servicer shall cause the Trustee to acknowledge; provided, however, it is understood and acknowledged by the parties hereto that there will be a period of transition (not to exceed 90 days) before the actual servicing functions can be fully transferred to such successor Servicer.
(c) Section 3.03(c) is hereby deleted and replaced in its entirety with the following: To the extent that the costs and expenses of the Master Servicer related to any termination of a Servicer, appointment of a successor Servicer or the transfer and assumption of servicing by the Master Servicer or a successor Servicer with respect to any Servicing Agreement (including, without limitation, (i) all legal costs and expenses and all due diligence costs and expenses associated with an evaluation of the potential termination of the Servicer as a result of an event of default by such Servicer and (ii) all costs and expenses associated with ...
Amendments to Article III. (a) Section 3.6 is hereby amended to amend and restate in their entirety the following defined terms:
Amendments to Article III. (a) Section 3.1(a) is amended by renumbering the clauses “(iii)”, “(iv)” and “(v)” as clauses “(iv)”, “(v)” and “(vi)” and inserting the following new clause (iii):
(iii) With respect to the Class D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clause “ninth” of Section 2.4(b) or Section 3.2, as the case may be, hereof;”
(b) Section 3.1(b) is amended by renumbering the clauses “(iii)”, “(iv)” and “(v)” as clauses “(iv)”, “(v)” and “(vi)” and inserting the following new clause (iii):
Amendments to Article III of the Original Indenture is amended by adding the words “of the Company” after the words “Board of Directors” each time such words appears in clause (ii) of the definition of a “CHANGE IN CONTROL” of the Company.
Amendments to Article III. Repayments, Prepayments, ---------------------------------------------------- Interest, and Fees. ------------------
Section 3.4.1 of the Credit Agreement is hereby amended ------------- by deleting the phrase "Interest Coverage Ratio" each time it appears therein and substituting the phrase "Pricing Interest Coverage Ratio" therefor.
Amendments to Article III. Article III of the Existing Dollar Supply Agreement is hereby amended in accordance with Subparts 2.3.1 and 2.3.2.
Amendments to Article III. The first sentence of Section 3.16 is amended to read as follows: Each Subsidiary which, at December 31, 1994, had total assets exceeding $20,000,000, or which, for the year ended December 31, 1994 had revenues exceeding $20,000,000, is a Guarantor, other than D-S Venture Company, L.L.C., a Delaware limited liability company, over ninety-eight percent (98%) of the assets of which on that date consisted of its limited partnership interest in Diamond Shamrock Refining Company, L.P.
Amendments to Article III. Article III of the Nasdaq Stockholders’ Agreement is hereby deleted in its entirety and replaced with the following:
