Amendments to Article X. Article X of the Original Indenture is hereby amended and restated to read in its entirety as follows:
Amendments to Article X. New Sections 10.10 and 10.11 are hereby added to Article X of the Credit Agreement to read as follows:
Amendments to Article X. Notwithstanding anything to the contrary in this Certificate or the Bylaws of the Corporation, for as long as the Sponsors and their affiliates collectively beneficially own shares of stock of the Corporation representing at least 5% of the Corporation’s then outstanding shares entitled to vote generally in the election of directors, this Article X shall not be amended, altered or revised, including by merger or otherwise, without the Sponsors’ prior written consent.
Amendments to Article X. (a) Section 10.6 is hereby amended and restated in its entirety to read as follows:
Amendments to Article X. The provisions of Section 10.01 of the Credit Agreement are hereby amended by deleting the final proviso thereto and substituting the following in its stead: and, provided further, that (i) no amendment, waiver or Consent shall, unless in writing and signed by the L/C Issuer in addition to the Lenders required above, affect the rights or duties of the L/C Issuer under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or Consent shall, unless in writing and signed by the Swing Line Lender in addition to the Lenders required above, affect the rights or duties of the Swing Line Lender under this Agreement; (iii) no amendment, waiver or Consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or duties of the Administrative Agent under this Agreement or any other Loan Document; (iv) no amendment, waiver or Consent shall, unless in writing and signed by the Collateral Agent in addition to the Lenders required above, affect the rights or duties of the Collateral Agent under this Agreement or any other Loan Document, and (v) no amendment or modification of the provisions of Section 7.07 which materially and adversely affect the holders of the Senior Convertible Note and Warrant (until repayment of such Indebtedness or conversion of such Indebtedness to Equity Interest) shall be effective without the consent of such holders. Notwithstanding anything to the contrary herein, no Deteriorating Lender or Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or Consent hereunder, except that the Commitment of such Lender may not be increased or extended without the consent of such Lender.
Amendments to Article X. Subject to the terms and conditions hereof, the Administrative Agent and Required Lenders agree to amend Article X of the Credit Agreement by adding the following as a new Section 10.10:
Amendments to Article X. Section 10.13 of the Credit Agreement is hereby amended by replacing clause (e) in its entirety with the following:
Amendments to Article X. 2.8.1 Section 10.1 is hereby amended by (a) deleting the word “or” appearing before clause (e) thereof and replacing it with “,” and adding the following as a new clause (f) immediately following clause (e) and immediately preceding the proviso at the end of the first sentence of Section 10.1: or (f) amend Section 2.11(c) to permit any Letter of Credit to expire after the Maturity Date without the consent of any Lender that is adversely affected thereby
2.8.2 The first paragraph of Section 10.10.1 is hereby amended and restated in its entirety as follows:
Amendments to Article X. Section 10.01 (a) is hereby amended and restated by adding the following paragraph at the end of the Section: “Notwithstanding anything provided herein to the contrary, upon the exercise of the Call Option, the Servicing Rights Owner shall retain any and all Servicing Rights with respect to the Mortgage Loans.”
Amendments to Article X. (a) Section 10.2(a)(i). The parties hereto agree that Section 10.2(a)(i) is hereby amended and restated in its entirety as follows:
(i) any breach of or any inaccuracy in any representation or warranty made by any Seller (with respect to itself or any Initial Acquired Company and any Subsequent Acquired Company) and any Initial Acquired Company or any Subsequent Acquired Company in this Agreement or in the Additional Representations Certificate; provided, that: (A) solely with respect to the representations and warranties set forth in Sections 4.10, 4.12 and 4.13, and subject to the limitations set forth in Section 10.4(a)(ii) and Section 10.4(a)(i)(B), any limitation or qualification contained in such representations and warranties as to materiality or an Individual Material Adverse Effect shall be disregarded and instead will be read as any adverse effect for the purpose of this Section 10.2(a)(i);
