Common use of Amendments to Section 2.14 Clause in Contracts

Amendments to Section 2.14. A. Section 2.14(d) of the Credit Agreement is amended by adding the following sentence to the end thereof: “Notwithstanding the foregoing sentence, subject to Section 2.15(c), in the event that there shall be Consolidated Excess Cash Flow for the Fiscal Year ending December 31, 2009, Borrower shall, no later than ninety-five days after the end of such Fiscal Year (and in lieu of any payment otherwise required under the foregoing sentence with respect to such Fiscal Year), prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to (i) 50% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans made from operating cash flow (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Commitments are permanently reduced in connection with such repayments) minus (iii) the amount of Term Loans prepaid pursuant to Section 2.14(g).” B. Section 2.14 is hereby amended by inserting the following as new clause (g) thereof:

Amendments to Section 2.14. A. Section 2.14(d) of the Credit Agreement is amended by adding deleting the last sentence thereof and inserting the following sentence to the end in lieu thereof: “Notwithstanding the foregoing sentencesentence (i), subject to Section 2.15(c), in the event that there shall be Consolidated Excess Cash Flow for the Fiscal Year ending December 31, 2009, Borrower shall, no later than ninety-five days after the end of such Fiscal Year (and in lieu of any payment otherwise required under the foregoing sentence with respect to such Fiscal Year), prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to (iA) 50% of such Consolidated Excess Cash Flow minus (iiB) voluntary prepayments of the Loans made from operating cash flow (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Commitments are permanently reduced in connection with such repayments) minus (iiiC) the amount of Term Loans prepaid pursuant to Section 2.14(g), and (ii) no prepayments of the Loans shall be required pursuant to this Section 2.14(d) for the Fiscal Year ending December 31, 2010, or for any Fiscal Year thereafter.” B. Section 2.14 is hereby amended by inserting the following as new clause (g) thereof: