Amendments to Section 2.10. Section 2.10 of the Credit Agreement is hereby deleted in its entirety and replaced with the following text, which, with respect to Tranche B Term Borrowings, reflects prepayments of Tranche B Term Borrowings made prior to the date hereof:
Amendments to Section 2.10. Section 2.10 of the Credit Agreement is hereby amended as follows:
Amendments to Section 2.10. Section 2.10 of the Existing Credit Agreement is amended by (a) changing the reference to “$100,000,000” in Section 2.10(b)(i)(B) to read “$250,000,000” and (b) adding the following clause (i) at the end thereof:
Amendments to Section 2.10. 2.1 Section 2.10 of the Loan Agreement is hereby amended by deleting the reference to “subparts (e) and (f)” in the first sentence of subpart (a) of such Section and replacing such reference with “subpart (e)”.
Amendments to Section 2.10. Section 2.10 of the Loan Agreement is amended by deleting the text of Section 2.10(b) in its entirety and substituting the words “[Reserved]” in place thereof.
Amendments to Section 2.10. (a) Section 2.10(a) of the Credit Agreement is hereby amended by (i) renumbering the existing clause “(iv)” as clause “(v)”, (ii) renumbering the existing clause “(v)” as clause “(vi)” and (iii) inserting the following new clause as clause (iv) in such Section: “(iv) the Borrower shall repay Term B-4 Borrowings on each date set forth below or, if such date is not a Business Day, the next preceding Business Day (each such date being referred to as a “Term B-4 Loan Installment Date”), in the aggregate principal amount equal to the amount set forth opposite such Term B-4 Loan Installment Date: Date Amount of Term B-4 Borrowings to Be Repaid March 31, 2010 $2,500,000 June 30, 2010 $2,500,000 September 30, 2010 $2,500,000 December 31, 2010 $2,500,000 March 31, 2011 $2,500,000 June 30, 2011 $2,500,000 September 30, 2011 $2,500,000 December 31, 2011 $2,500,000 March 31, 2012 $2,500,000 June 30, 2012 $2,500,000 September 30, 2012 $2,500,000 December 31, 2012 $2,500,000 March 31, 2013 $2,500,000 June 30, 2013 $2,500,000 September 30, 2013 $2,500,000 December 31, 2013 $2,500,000 March 31, 2014 $2,500,000 June 30, 2014 $2,500,000 September 30, 2014 $2,500,000 December 31, 2014 $2,500,000 March 31, 2015 $2,500,000 June 30, 2015 $2,500,000 September 30, 2015 $2,500,000 December 31, 2015 $2,500,000 March 31, 2016 $2,500,000 June 30, 2016 $2,500,000 September 30, 2016 $2,500,000 Term B-4 Facility Maturity Date $932,500,000
Amendments to Section 2.10. (a) Section 2.10(b) is hereby amended to delete the phrase “the Dollar Equivalent of” in each instance where it appears in Section 2.10(b).
Amendments to Section 2.10. Section 2.10 of the Agreement is hereby amended and restated in its entirety as follows: “Not more than once in any twelve (12) month period (or twice in any twelve (12) month period with respect to Sections 2.01) and upon reasonable prior notice, each Party shall afford to the other Party (or Agents reasonably appointed by such Party) and their auditors access to the books and records that are reasonably necessary to enable the audit of the other Party’s obligations under this Agreement, and shall provide reasonable cooperation and assistance to the other Party (or such Agents); provided, however, that such audit, investigation, and preparation of responses shall not unreasonably or adversely impact regular operations and business, shall be conducted during normal business hours and on advance written notice (and subject to execution of any customary access letters); and provided, further that Amex’s obligations under this Section 2.10 shall be limited to the books and records of the GCS Business and any other books and records of Amex Group reasonably agreed by Amex to be material to the obligations of Amex being audited. Neither Party shall be required to disclose records or other information contrary to the direction of law enforcement or regulators, or that such Party believes compromises or violates its confidentiality obligations, legal privileges, or the security of its services or systems. Each Party shall bear its own costs in connection with any audit pursuant to this Section 2.10; provided that if a material breach by the audited party is discovered in connection with any such audit, the audited party shall reimburse the auditing party for the auditing party’s reasonable, out of pocket costs, including attorney’s fees in connection with such audit.”
Amendments to Section 2.10. Section 2.10 of the Credit Agreement is hereby amended by: (A) deleting the first comma appearing in the fourth sentence thereof and inserting in lieu thereof the word "and,"; (B) deleting the words "and the outstanding loans of the Bank One DIP Lenders under the Bank One DIP, in each case prorata in accordance with the Combined DIP Commitment Percentage of each Tranche A Lender, Tranche B Lender and Bank One DIP Lender, as applicable" and inserting in lieu thereof the words "pro rata in accordance with the Total Commitment Percentage of each Tranche A Lender and Tranche B Lender, as applicable"; and (C) inserting the following new sentence at the end of Section 2.10: "Notwithstanding the foregoing, the Borrower may not reduce the Total Tranche A Commitment to an amount that would be less than an amount equal to the Tranche A Reserve as then in effect.".
