AMENDMENTS TO CREDIT AGREEMENT 1. 1 Section 1.01 of the Credit Agreement is hereby amended by adding the following defined term in appropriate alphabetical order: “FHLB” means any federal home loan bank.” 1.2 The definition of “Consolidated Indebtedness” is hereby amended and restated as follows: “Consolidated Indebtedness” means the Indebtedness of the Borrower and its Subsidiaries (excluding (a) any obligations in respect of Subordinated Debt not to exceed 15% of Consolidated Capitalization and (b) all borrowings made by any Insurance Subsidiary from any FHLB to the extent such borrowings are of the type customarily excluded from financial leverage by both S&P and Xxxxx’x in their evaluation of such Insurance Subsidiary or similarly positioned person) determined on a consolidated basis in accordance with GAAP.” 1.3 Section 7.01 of the Credit Agreement is hereby amended by (x) deleting the word “and” immediately before clause (c) thereof and (y) adding the following new clause (d) at the end of such Section:
AMENDMENTS TO CREDIT AGREEMENT 1. Section 1.01 of the Credit Agreement is hereby amended by adding the following definition in its proper alphabetical order” ““Second Amending Agreement” means the second amending agreement dated as of May 16, 2014 among the Agents, the Borrowers and the Lenders party thereto.” 2. The definition of “Applicable Margin” contained in Section 1.01 of the Credit Agreement is hereby amended by deleting the pricing grid contained therein in its entirety and replacing it with the following: “Level Credit Rating: Fitch and S&P/ Xxxxx’x Acceptance Fee, BA Rate, Libor, TIIE Rate, Letters of Credit Issuance Fee Prime Rate, Base Rate Canada, U.S. Base Rate Facility Fee I II III IV V VI The pricing margin set forth in the grid above shall become effective on the date of the Second Amending Agreement.” 2
AMENDMENTS TO CREDIT AGREEMENT 1. 1 Section 1.01 of the Credit Agreement is hereby amended by adding the following defined term in appropriate alphabetical order: “Affected Financial Institution” means (a) any EEA Financial Institution or (b) any UK Financial Institution.” “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction.” “OFAC” means the Office of Foreign Assets Control of the United States Department of the Treasury.” “Resolution Authority” means an EEA Resolution Authority or, with respect to any UK Financial Institution, a UK Resolution Authority.” “Term Loan Agreement” means the 364-Day Term Loan Agreement to be entered into among the Borrower, the lenders from time to time party thereto and Bank of America,
AMENDMENTS TO CREDIT AGREEMENT 1. Section 1.01 of the Credit Agreement is hereby amended by adding the following definition in its proper alphabetical order” ““Amending Agreement” means the amending agreement dated as of June 20, 2013 among the Agents, the Borrowers and the Lenders party thereto.” 2. The definition of “Applicable Margin” contained in Section 1.01 of the Credit Agreement is hereby amended by deleting the pricing grid contained therein in its entirety and replacing it with the following: “Level Acceptance Fee, BA Rate, Libor, TIIE Rate, Letters of Credit Issuance Fee Prime Rate, Facility Fee Credit Rating: Base Rate Fitch and S&P/ Canada, Xxxxx’x U.S. Base Rate I II III IV V VI The pricing margin set forth in the grid above shall become effective on the date of the Amending Agreement.” 3. The definition of “Fee Letter” contained in Section 1.01 of the Credit Agreement is hereby deleted in its entirety and replaced with the following: “Fee Letter” means the letter agreement dated May 13, 0000 xxxxxxx Xxxxx, Xxx Xxxx xx Xxxx Xxxxxx, Bank of America, NA. and Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporation, Citigroup Global Markets Inc. and BNP Paribas Securities Corp. with respect to
AMENDMENTS TO CREDIT AGREEMENT 1. 1 Section 1.01 of the Credit Agreement is hereby amended by adding the following defined term in appropriate alphabetical order: “FHLB” means any federal home loan bank.” 1.2 The definition of “Consolidated Indebtedness” is hereby amended and restated as follows: “Consolidated Indebtedness” means the Indebtedness of the Borrower and its Subsidiaries (excluding (a) any obligations in respect of Subordinated Debt not to exceed 15% of Consolidated Capitalization and (b) all borrowings made by any Insurance Subsidiary from any FHLB to the extent such borrowings are of the type customarily excluded from financial leverage by both S&P and Xxxxx’x in their evaluation of such Insurance Subsidiary or similarly positioned person) determined on a consolidated basis in accordance with GAAP.”
AMENDMENTS TO CREDIT AGREEMENT 1
