Amendments to Section 2.01. Section 2.01 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Amendments to Section 2.01. Section 2.01 of the Existing Credit Agreement is hereby amended as follows:
(a) Section 2.01(a) of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:
(a) each Dollar Lender severally agrees to make Syndicated Loans in Dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in (i) such Lender’s Revolving Dollar Credit Exposure exceeding such Lender’s Dollar Commitment, (ii) the aggregate Revolving Dollar Credit Exposure of all of the Dollar Lenders exceeding the aggregate Dollar Commitments, (iii) the total Covered Debt Amount exceeding the Borrowing Base then in effect or (iv) for so long as HSBC is a Dollar Lender the sum of HSBC’s Revolving Credit Exposure plus, without duplication, the total amount of HSBC’s outstanding Swingline Loans exceeding HSBC’s Commitments; and”
(b) Section 2.01(b) of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:
(b) each Multicurrency Lender severally agrees to make Syndicated Loans in Dollars and in Agreed Foreign Currencies to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in (i) such Lender’s Revolving Multicurrency Credit Exposure exceeding such Lender’s Multicurrency Commitment, (ii) the aggregate Revolving Multicurrency Credit Exposure of all of the Multicurrency Lenders exceeding the aggregate Multicurrency Commitments, (iii) the total Covered Debt Amount exceeding the Borrowing Base then in effect or (iv) for so long as HSBC is a Multicurrency Lender, the sum of HSBC’s Revolving Credit Exposure plus, without duplication, the total amount of HSBC’s outstanding Swingline Loans exceeding HSBC’s Commitments.”
Amendments to Section 2.01. (a) Section 2.01(c)(i) of the Agreement is hereby amended and restated in its entirety as follows:
(i) GBT Holdco’s Use of Data Provided by Amex Group. With respect to any Data provided by Amex Group to GBT Holdco or designated members of the GBT Group, GBT Holdco or such designees shall, subject to Applicable Laws and Article V herein, and the terms of the Data Sharing Plan, have the right to use any and all Data provided to GBT Holdco or such designees by Amex Group for any and all purposes, in GBT Holdco’s reasonable discretion, including Client reporting, internal reporting, consulting, process automation, marketing analytics and business performance reporting. GBT Holdco and such designees shall have the right to use Data provided by Amex Group for up to five (5) years following the expiration or termination of this Agreement or the Data Sharing Plan, whichever is later, and to further retain such Data for such period as required under GBT Holdco’s then-current record retention policies, in each case subject to Applicable Law and Client contractual obligations.”
(b) Section 2.01(c)(ii) of the Agreement is hereby amended and restated in its entirety as follows:
(ii) Amex’s Use of Data Provided by GBT Group. With respect to any Data provided by GBT Group to Amex or designated members of the Amex Group, Amex or such designees shall, subject to Applicable Laws, Article V herein, and the terms of the Data Sharing Plan, have the right to use any and all Data provided to the Amex or such designees by GBT Group for any and all purposes, in Amex’s reasonable discretion, including Client reporting, internal reporting, consulting, process automation, marketing analytics and business performance reporting. Amex and such designees shall have the right to use Data provided by GBT Group for up to five (5) years following the expiration or termination of this Agreement or the Data Sharing Plan, whichever is later, and to further retain such Data for such period of time as required under Amex’s then-current record retention policies, in each case subject to Applicable law and Client contractual obligations.”
Amendments to Section 2.01. Section 2.01 of the Credit Agreement is hereby amended as follows:
(a) by replacing the text “the Domestic Borrowing Base then in effect” in clause (a) of such Section with the text “an amount equal to (x) the Domestic Borrowing Base then in effect minus (y) the Domestic Availability Block”;
(b) by replacing the text “the Canadian Borrowing Base then in effect” in clause (b) of such Section with the text “an amount equal to (x) the Canadian Borrowing Base then in effect minus (y) the Canadian Availability Block”; and
(c) by adding the following sentence immediately following clause (c) of such Section: Subject to the terms and conditions set forth herein, each Term Lender consents to the increase in the principal balance of the Term Loans of such Term Lender from time to time pursuant to the terms of Section 2.13(d) as a result of the imposition of PIK Increases.
Amendments to Section 2.01. Section 2.01 of the Credit Agreement shall be amended by inserting the following proviso at the end of the penultimate sentence of such Section, as follows: “, provided that no Revolving Credit Borrowings shall be requested or made during each sixty (60) day period commencing on each Zero Balance Period Commencement Date.”
Amendments to Section 2.01. (a) On the Amendment No. 1 Effective Date, clause (v) of Section 2.01(b) of the Credit Agreement shall be amended by adding the text “Tranche A” immediately after the text “(v) any” and before the text “Revolving Facility Loans” as set forth therein.
(b) On the Amendment No. 1 Effective Date, clause (w) of Section 2.01(b) of the Credit Agreement shall be amended by adding the text “Tranche A” immediately after the text “(w) any” before the text “Revolving Facility Loans” as set forth therein.
(c) On the Amendment No. 1 Effective Date, clause (x) of Section 2.01(b) of the Credit Agreement shall be amended by adding the text “Tranche A” immediately after the text “(x) any” before the text “Revolving Facility Loans” as set forth therein.
(d) On the Amendment No. 1 Effective Date, clause (y) of Section 2.01(b) of the Credit Agreement shall be amended by adding the text “Tranche A” immediately after the text “(y) any” before the text “Revolving Facility Loans” as set forth therein.
(e) On the Amendment No. 1 Effective Date, clause (z) of Section 2.01(b) of the Credit Agreement shall be amended by adding the text “Tranche A” immediately after the text “(z) any” before the text “Revolving Facility Loans” as set forth therein.
(f) On the Amendment No. 1 Effective Date, Section 2.01(b) of the Credit Agreement shall be amended by inserting the text “Tranche A” immediately after the text “and shall bear interest as provided in this Agreement for the” as set forth therein.
(g) On the Amendment No. 1 Effective Date, Clause (B) of Section 2.01(b) of the Credit Agreement shall be amended by inserting the text “Tranche A” immediately after the text “(B) all” and immediately before the text “Lenders shall be bound to make”, each as set forth therein.
Amendments to Section 2.01. Section 2.01(b) of the Mortgage is hereby amended by (A) deleting the word "or" appearing at the end of sub-section (vi) appearing therein; (B) deleting the period appearing at the end of sub-section (vii) appearing therein and inserting the word "or" at the end of such sub-section; and (C) inserting the following new sub-section (viii) immediately following sub-section (vii):
Amendments to Section 2.01. 1.1 Section 2.01 of the Series Supplement is hereby amended by adding the following definition immediately after the definition of "Early Distribution Notice":
Amendments to Section 2.01. (a) On the Amendment Effective Date, Section 2.01(b) of the Existing Credit Agreement shall be amended by inserting the words “the earlier of (x) the commencement of the Chapter 11 Cases in accordance with the Restructuring Support Agreement or (y)” immediate after the words “during the period from the Effective Date until” in the first sentence of such Section 2.01(b).
(b) On the Amendment Effective Date, Section 2.01(c)(i) of the Existing Credit Agreement shall be amended by inserting the words “the earlier of (x) the commencement of the Chapter 11 Cases in accordance with the Restructuring Support Agreement or (y)” immediate after the words “during the period from the Effective Date until” in the first sentence of such Section 2.01(c)(i).
Amendments to Section 2.01. 2 Section 2.01.2 of the Credit Agreement is hereby amended by deleting each reference in clause (b)(v) thereof to “Issuing Lenders therefor” and inserting in lieu thereof “Issuer thereof”.
