Amendments to Article VIII. Any repeal or modification of this Article VIII by the Member shall not adversely affect any rights of such Covered Person pursuant to this Article VIII, including the right to indemnification and to the advancement of expenses of a Covered Person existing at the time of such repeal or modification with respect to any acts or omissions occurring prior to such repeal or modification.
Amendments to Article VIII of the Original Indenture is hereby amended and restated in its entirety to read as follows: “Upon the Company’s exercise under Section 8.1 hereof of the option applicable to this Section 8.3, subject to the satisfaction of the applicable conditions set forth in Section 8.4 hereof, the Company and the Guarantor shall be released from their respective obligations, if any, under Sections 4.3, 4.4, 4.5, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.17 and 4.19 hereof and Article V hereof, and the Guarantor shall be released from its obligations under Article X hereof, in each case on and after the date the conditions set forth below are satisfied (hereinafter, “Covenant Defeasance”), and the Notes and the Guarantee shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.1 hereof, but, except as specified above, the remainder of this Indenture and such Notes shall be unaffected thereby. In addition, upon the Company’s exercise under Section 8.1 hereof of the option applicable to this Section 8.3, subject to the satisfaction of the applicable conditions set forth in Section 8.4 hereof, (x) Section 6.1(3) hereof shall not constitute an Event of Default and (y) Sections 6.1(4) and 6.1(5) hereof shall not constitute an Event of Default to the extent they occur after the 91st day following the occurrence of the Company’s exercise of Covenant Defeasance; provided, however that for all other purposes as set forth herein, such Covenant Defeasance provisions shall be effective.”
Amendments to Article VIII. Article VIII of the Credit Agreement is hereby amended as follows:
(i) A new paragraph set forth below is inserted as the fourth paragraph thereof: “Each Lender and Issuing Bank hereby agrees that (a) it has requested a copy of each Report prepared by or on behalf of the Administrative Agent; (b) the Administrative Agent (i) makes no representation or warranty, express or implied, as to the completeness or accuracy of any Report or any of the information contained therein or any inaccuracy or omission contained in or relating to any Report and (ii) shall not be liable for any information contained in any Report; (c) the Reports are not comprehensive audits or examinations, and any Person performing any field examination will inspect only specific information regarding the Loan Parties and will rely significantly upon the Loan Parties’ books and records, as well as on representations of the Loan Parties’ personnel, and that the Administrative Agent undertakes no obligation to update, correct or supplement the Reports; (d) it will keep all Reports confidential and strictly for its internal use and not share any Report with any other Person except as otherwise permitted pursuant to this Agreement; and (e) without limiting the generality of any other indemnification provision contained in this Agreement, it will pay and protect, and indemnify, defend, and hold the Administrative Agent, each other Person preparing a Report and the Related Parties of any of the foregoing harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by any of them as the direct or indirect result of any third parties who obtain all or part of any Report through the indemnifying Lender.”
(ii) The first sentence of the eleventh paragraph of Article VIII is hereby amended and restated in its entirety as follows: “The Secured Parties irrevocably authorize the Administrative Agent, at its option and in its discretion, (a) to subordinate any Lien on any property granted to or held by the Administrative Agent under any Loan Document to the holder of any Lien on such property that is permitted by Section 6.02(a)(v) and (b) to subordinate any Lien on any Non-ABL Priority Collateral granted to or held by the Administrative Agent under any Loan Documents, or otherwise securing any Secured Obligations, to the Liens on such Non-ABL Priority Collateral securing Permitted Non-ABL Indebtedness.
Amendments to Article VIII. (i) The Section titled “Fees” in Article VIII of the Agreement is hereby amended by adding thereto a new clause (e), which shall read in full as follows:
Amendments to Article VIII. (i) The Section titled “Fees” in Article VIII of the Agreement is hereby amended by deleting subsection (b) of the section titled “Plant Delivery Point Gathering Fee” in its entirety and replacing it with the following:
Amendments to Article VIII. Article VIII of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.4.1 through 2.4.5.
Amendments to Article VIII. Section 8.01(c) of the Credit Agreement is hereby amended in its entirety as follows:
Amendments to Article VIII. Section 8.1.3 of Article VIII of the Existing Credit Agreement is hereby amended by inserting ", Section 7.1.13, Section 7.1.14," immediately after "Section 7.1.11" therein.
Amendments to Article VIII. Article VIII is hereby amended as follows:
(a) The preamble to Article VIII is hereby amended and restated to read as follows: Until the Facility Termination Date, each of the General Partner, the Parent and the Borrower (and in the case of Sections 8.01(a), (b), (c), (g) and (h), PEI), for itself and for each of its Subsidiaries, jointly and severally, covenants and agrees with the Lenders that:
(b) Section 8.01 is hereby amended deleting the phrase “The Borrower will furnish to the Administrative Agent and each Lender:” in such Section 8.01 and replacing such phrase with the phrase “The Borrower (and PEI, in the case of Sections 8.01(a), (b), (c), (g) and (h)) will furnish to the Administrative Agent and each Lender:”
(c) Sections 8.01(a)-(c) are hereby amended and restated in their entirety to read as follows:
Amendments to Article VIII. (a) Section 8.1(d) of the Agreement is hereby amended and restated in its entirety as follows:
