Amendments to Intercreditor Agreement. Subject to the conditions to effectiveness set forth in Section 3 below, the Intercreditor Agreement is hereby amended as follows:
(a) Section 1.1 of the Intercreditor Agreement is hereby amended by amending section (i) of the definition of “Term Loan Cap” by deleting “$76,252,000” and inserting “$82,907,000” in lieu thereof.
Amendments to Intercreditor Agreement. (a) The definition of “Maximum First Lien Principal Amount” set forth in Section 1.1 of the Intercreditor Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Intercreditor Agreement. (a) Section 1 of the Intercreditor Agreement is hereby amended by adding the following new definition of “Third Amendment to First Lien Credit Agreement Effective Date” in the appropriate alphabetical order:
Amendments to Intercreditor Agreement. Each of the Borrower, the Administrative Agent and the Collateral Agent (in each case, at the direction of the Lenders party to this Amendment (constituting the Requisite Lenders)) agrees that:
3.1 The definition of Senior Class Debt Representative shall be amended and restated in its entirety as follows:
Amendments to Intercreditor Agreement. Subject to the Effectiveness of this Amendment, the Intercreditor Agreement is hereby amended to delete the stricken text (indicated in the same manner as the following example: stricken text) and to add the double-underlined text (indicted textually in the same manner as the following example: double-underlined text) as set forth in the pages of the Intercreditor Agreement attached as Exhibit A.
Amendments to Intercreditor Agreement. Effective as of the Effective Date, the Intercreditor Agreement shall be amended as follows:
Section 3.01 is hereby amended and replaced in its entirety to read as follows:
Amendments to Intercreditor Agreement. The Intercreditor Agreement is hereby amended as follows:
Amendments to Intercreditor Agreement. (a) Each instance of the words “Xxxxxx Commercial Paper Inc.” and “LCPI” in the Intercreditor Agreement is hereby replaced with “The Bank of New York Mellon”.
(b) Section 1.1
Amendments to Intercreditor Agreement. Recital A of the Intercreditor Agreement is hereby amended to read as follows:
A. Under and pursuant to those certain Guaranty Agreements dated as of May 8, 2000, or January 14, 2003, respectively, executed by the respective Subsidiary Guarantors parties thereto (such Guaranty Agreements, as amended by that certain Amended and Restated Guaranty Agreement dated as of May 2, 2003 and that certain Second Amended and Restated Guaranty Agreement dated as of March 7, 2005, and as further amended, revised, modified, supplemented or amended and restated from time to time, being referred to collectively as the ‘Initial Lender Guaranties’), such Subsidiary Guarantors have guaranteed the obligations (the ‘Loan Obligations’) of the Borrower under that certain Credit Agreement dated as of May 8, 2000 (as amended by that certain Amended and Restated Credit Agreement dated as of May 2, 2003 and that certain Second Amended and Restated Credit Agreement dated as of March 7, 2005, and as further amended, revised, modified, supplemented or amended and restated from time to time, the ‘Revolving Credit Agreement’), among the Borrower, the various financial institutions parties thereto as lenders from time to time (each, a ‘Revolving Lender’, and collectively, the ‘Revolving Lenders’) and Bank of America, N.A., as administrative agent (the ‘Administrative Agent’ and together with the Revolving Lenders, the ‘Revolving Creditors’).”
Amendments to Intercreditor Agreement. Subject to satisfaction of the condition set forth in Section 3 of this Amendment, the Intercreditor Agreement is hereby amended as follows:
(a) Section 4.6(c) of the Intercreditor Agreement is hereby amended to delete such Section in its entity and to replace such Section with the following: