Amendments to Section 14. Section 14. of the Agreement is revised as follows:
(a) Section 14.(a)(ii) is revised by deleting the word “or” at the end of the sentence and inserting a semi-colon in its place.
(b) Section 14.(a)(iii) is revised by deleting the period at the end of the sentence and inserting a semi-colon in its place.
(c) Section 14.(a) is revised by adding the following new provision at the end:
Amendments to Section 14. 6.
(a) Section 14.6(b)(i)(A)(1) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
(1) to a Lender, an Affiliate of such assigning Lender or an Approved Fund or”
(b) Section 14.6(b)(i)(B) of the Credit Agreement is hereby amended by deleting the phrase “, a Swingline Lender or a Letter of Credit Issuer”.
Amendments to Section 14. 02.
(1) Clause (e) of Section 14.02 of the Existing Indenture is hereby amended and restated to read as follows:
Amendments to Section 14. Section 14(a) of the Participation Agreement is hereby amended by deleting therefrom the phrase", the Shareholders' Agreement" in the first and second line thereof.
Amendments to Section 14. 4. Effective on the Effective Date of this Amendment provided for in section 4 hereof, section 14.4 of the Credit Agreement is hereby amended by adding a new paragraph (e) at the end thereof as follows:
(i) Notwithstanding anything to the contrary contained herein, any Lender (a "Designating Lender") may grant to a special purpose funding vehicle (an "SPV "), identified as such in writing from time to time by the Designating Lender to the Administrative Agent, the Co-Borrowers and the other Lenders, the option to provide to the Co-Borrowers all or any part of any Loan that such Designating Lender would otherwise be obligated to make to the Co-Borrowers pursuant to this Agreement; provided that (i) nothing herein shall constitute a commitment by any SPV to make any Loan, (ii) if an SPV elects not to exercise such option or otherwise fails to provide all or any part of such Loan, the Designating Lender shall be obligated to make such Loan pursuant to the terms hereof, and (iii) the Designating Lender shall remain liable for any indemnity or other payment obligation with respect to its Commitment hereunder. The making of a Loan by an SPV hereunder shall utilize the Commitment of the Designating Lender to the same extent, and as if, such Loan were made by such Designating Lender.
(ii) As to any Loans or portion thereof made by it, each SPV shall have all the rights that a Lender making such Loans or portion thereof would have had under this Agreement; provided, however, that each SPV shall have granted to its Designating Lender an irrevocable power of attorney, to deliver and receive all communications and notices under this Agreement (and any other Credit Documents) and to exercise on such SPV's behalf, all of such SPV's voting rights under this Agreement. No additional Note shall be required to evidence the Loans or portion thereof made by an SPV; and the related Designating Lender shall be deemed to hold its Note as agent for such SPV to the extent of the Loans or portion thereof funded by such SPV. In addition, any payments for the account of any SPV shall be paid to its Designating Lender as agent for such SPV.
(iii) Each party hereto hereby agrees that no SPV shall be liable for any indemnity or payment under this Agreement for which a Lender would otherwise be liable. In furtherance of the foregoing, each party hereto hereby agrees (which agreement shall survive the termination of this Agreement) that, prior to the date that is one year and one day afte...
Amendments to Section 14. (a) Section 14 of the Financing Agreement is hereby deemed deleted in its entirety in light of the entry of the Agent and Lenders into the Agency Agreement on the date hereof provided, however, that the provisions of Section 14 shall be deemed to have been reinstated if the Agency Agreement shall cease to be in effect.
Amendments to Section 14. The provisions of Section 14 of the Agreement are hereby amended by deleting the words "authorizing the sale or other disposition of all or any part of the Collateral" appearing in the eighth and ninth lines of Section 14.11, and by deleting the words "in respect of the Collateral" appearing in the eleventh line of Section 14.11.
Amendments to Section 14 of the Existing Credit Agreement is hereby amended by (i) replacing the words “the Borrower” appearing in clause (a) thereof with the word “Holdings” and (ii) replacing the phrase “then the Borrower’s compliance” appearing therein with the phrase “then Holdings’ compliance”.
Amendments to Section 14 a. Subsection 14.15 of the Credit Agreement is hereby amended by deleting the table contained in said subsection and substituting in lieu thereof the following: Period Ratio ------ ----- 10/01/96 - 03/31/97 1.25 to 1.0 04/01/97 - 09/30/97 1.00 to 1.0 10/01/97 - 12/31/97 1.05 to 1.0 01/01/98 - 06/30/98 1.50 to 1.0 07/01/98 - 06/30/00 1.60 to 1.0 07/01/00 - 06/30/01 1.70 to 1.0 07/01/01 - 12/31/01 1.80 to 1.0 01/01/02 and thereafter 2.00 to 1.0"
Amendments to Section 14. 08.
(1) Clause (a) of Section 14.08 of the Existing Indenture is hereby amended and restated to read as follows:
(a) Wilmington Savings Fund Society, FSB (WSFS) is hereby designated and appointed as the Collateral Agent of the Holders under the Security Documents (including any amendment or restatement of any Security Documents (authorized or permitted by this Indenture)), and is authorized as the Collateral Agent for such Holders to execute and enter into each of the Security Documents and all other instruments relating to the Security Documents and (i) to take action and exercise such powers and remedies as are expressly required or permitted hereunder and under the Security Documents and all instruments relating hereto and thereto and (ii) to exercise such powers and perform such duties as are, in each case, expressly delegated to the Collateral Agent by the terms hereof and thereof, together with such other powers as are reasonably incidental hereto and thereto.”
(2) Section 14.08 of the Existing Indenture is hereby amended by adding the following paragraph at the end thereof: “Each of the Company and the Guarantors and each Holder by the acceptance of its Note hereby acknowledges and agrees that, in addition to its appointment as collateral agent herein, the Collateral Agent has been appointed as collateral agent under the New Convertible Notes Indenture and waives any purported conflict in connection with such appointment.”
