Amendments to Section 2.11 is hereby amended by:
Amendments to Section 2.11. Section 2.11 of the Credit Agreement is hereby amended as follows:
(a) by amending clause (a) thereof by inserting the following proviso at the end thereof: “, provided that each prepayment of Tranche B Term Borrowings and Tranche C Term Borrowings pursuant to this paragraph shall be allocated between the Tranche B Term Borrowings and Tranche C Term Borrowings ratably in accordance with the respective principal amounts outstanding thereof.”
(b) by amending clause (c) thereof by (i) inserting the text “and, commencing on the Incremental Effective Date, Tranche C Term Borrowings,” immediately following the text “Tranche B Term Borrowings” and (ii) by inserting a new sentence at the end thereof as follows: “Each prepayment pursuant to this paragraph shall be allocated between the Tranche B Term Borrowings and Tranche C Term Borrowings ratably in accordance with the respective principal amounts outstanding thereof.”
(c) by amending clause (d) thereof by (i) inserting the text “and, commencing with the fiscal year ending December 31, 2006, Tranche C Term Borrowings,” immediately following the text “Tranche B Term Borrowings”, (ii) inserting the text “and Tranche C Term Loans” immediately following each occurrence of the text “Tranche B Term Loans” and (iii) inserting the text “(x) allocated between the Tranche B Term Borrowings and Tranche C Term Borrowings ratably in accordance with the respective principal amounts outstanding thereof and (y)” immediately after the text “Each prepayment pursuant to this paragraph shall be” in the last sentence thereof.
Amendments to Section 2.11. Section 2.11(b) of the Credit Agreement is hereby amended as follows:
(a) by replacing the text “the Domestic Borrowing Base then in effect” in such Section with the text “an amount equal to (x) the Domestic Borrowing Base then in effect minus (y) the Domestic Availability Block”; and
(b) by replacing the text “the Canadian Borrowing Base then in effect” in such Section with the text “an amount equal to (x) the Canadian Borrowing Base then in effect minus (y) the Canadian Availability Block”.
Amendments to Section 2.11. Section 2.11 of the Credit Agreement is hereby amended by inserting the following clause (g) at the end thereof:
Amendments to Section 2.11. (a) Section 2.11 is hereby amended by adding immediately after Section 2.11(b) therein a new Section 2.11(c) as follows:
Amendments to Section 2.11. (a) Section 2.11(b) is hereby amended and restated by deleting the phrase “LIBOR Revolving Borrowing” and replacing such phrase with “Eurocurrency Revolving Borrowing”
(b) Section 2.11(c) is hereby amended and restated in its entirety to read as follows:
(c) [Reserved].
Amendments to Section 2.11. (a) Section 2.11(a)(i) of the Credit Agreement is hereby amended by deleting the text “(except as provided in clauses (ii) and (iii) of this Section 2.11(a)” and replacing it with the following text: “(except as provided in clauses (ii), (iii) and (iv) of this Section 2.11(a)”
(b) Section 2.11(a) of the Credit Agreement is hereby amended by inserting the following new clause as clause (iv) at the end of such Section: “(iv) In the event that any Term B-4 Loans are repaid (other than pursuant to Section 2.11(g) or (h) or pursuant to a Permitted Loan Purchase) or any Term B-4 Loans are assigned pursuant to Section 2.19(c) in connection with an amendment to this Section 2.11(a)(iv) or the definition of Term B-4 Applicable Premium (the “Repaid Term B-4 Loans”) prior to October 15, 2013 in whole or in part (other than pursuant to Section 2.10(a) or Section 2.11(c)), the Borrower shall pay to the Lenders having such Repaid Term B-4 Loans a prepayment premium equal to:
(A) if the date of such prepayment or assignment occurs after the Incremental Effective Date but prior to October 15, 2011, the Term B-4 Applicable Premium as of the date of such prepayment or assignment, provided that prior to October 15, 2011, the Borrower may, at its option, on one or more occasions, repay up to 35% of the aggregate principal amount of the Term B-4 Loans subject to a prepayment premium on the principal amount of Term B-4 Loans being prepaid equal to the sum of (i) the greater of (x) the Eurocurrency Rate for an interest period of three months commencing on such date and (y) 2.0% plus (ii) the Applicable Margin for Term B-4 Loans that are Eurocurrency Term Loans in effect on such date, plus accrued and unpaid interest thereon to the date of such repayment, with the net cash proceeds of one or more offerings of Qualified Equity Interests, provided that (x) at least 50% of the original aggregate principal amount of Term B-4 Loans remains outstanding immediately after the occurrence of each such repayment and (y) each such repayment occurs within 90 days of the date of receipt of the equity proceeds so utilized,
(B) 5.0%, if the date of such prepayment or assignment occurs after October 15, 2011 but prior to October 15, 2012, and
(C) 3.0%, if the date of such prepayment or assignment occurs after October 15, 2012 but prior to October 15, 2013.
(c) Section 2.11(h)(i) of the Credit Agreement is hereby amended by (i) deleting the text “(other than Term B-3 Loans)” from clause (y) of suc...
Amendments to Section 2.11. Section 2.11(c) of the Credit Agreement is hereby amended by deleting clause (iv) thereof in its entirety and adding new clause (iv) thereto to read as follows:
