Amendments to Section 2.15. Section 2.15 of the Credit Agreement is hereby amended by (a) inserting the words “subject to Section 14.24,” at the beginning of clause (B) of the proviso of Subsection 2.15(c)(i), and (b) inserting the following new Subsection 2.15(g):
Amendments to Section 2.15. (i) Section 2.15(a) (Extension of Maturity Date) of the Existing Credit Agreement is amended by revising the first sentence thereof as follows: replace the phrase “anniversary date of this Agreement” with the phrase “anniversary date of the Fourth Amendment Effective Date” and by revising the proviso at the end to read as follows: “provided that not more than two such extensions shall be effected after the Fourth Amendment Effective Date.”
(ii) Sections 2.15(c)(iv), 2.15(c)(v) and 2.15(c)(vi) of the Existing Credit Agreement are renumbered to be Sections 2.15(d), 2.15(e) and 2.15(f), respectively. The following additional numbering and cross-reference changes are necessary due to such renumbering, and such changes are hereby made, as follows:
(A) In the definition of “Non-Extending Lenders”, the reference to “Section 2.15(c)(iv)” is changed to “Section 2.15(d)”.
(B) Sections 2.15(d) and 2.15(e) are renumbered as Sections 2.15(g) and 2.15(h), respectively.
(C) In Section 2.15(c)(v), the reference therein to “Section 2.15(d)” is changed to “Section 2.15(g)”.
(D) In Section 2.15(c)(vi):
(1) the reference therein to “clause (iii)” is changed to “Section 2.15(c)(iii)”;
(2) the reference therein to “clause (iv)” is changed to “Section 2.15(d)”;
(3) the references therein to “clause (v)” are changed to “Section 2.15(e)”; and
(4) the reference therein to “clause (vi)” is changed to “Section 2.15(f)”.
Amendments to Section 2.15. Section 2.15 of the Credit Agreement is hereby amended as follows:
(a) Clause (a)(iv) thereof is hereby amended to delete “Section 11.20” referenced therein and replace it with “Section 11.19”.
(b) A new clause (c) is hereby added thereto, immediately following clause (b) thereof, to read in its entirety as follows:
Amendments to Section 2.15. (a) Section 2.15(a) is hereby amended in its entirety to read as follows:
(a) Any and all payments by or on account of any obligation of the Borrower hereunder shall be made free and clear of and without deduction for any Taxes, except as required by applicable law; provided that if the Borrower shall be required to deduct any Taxes from such payments, then (i) in the case of Indemnified Taxes or Other Taxes, the sum payable shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section) the Administrative Agent, Lender, or Issuing Bank (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions and (iii) the Borrower shall pay the full amount deducted to the relevant Governmental Authority in accordance with applicable law.”
(b) Section 2.15(e) is hereby amended in its entirety to read as follows:
(i) Any Foreign Lender that is entitled to an exemption from or reduction of withholding tax under the law of the jurisdiction in which the Borrower is located, or any treaty to which such jurisdiction is a party, with respect to payments under this Agreement shall deliver to the Borrower (with a copy to the Administrative Agent), at the time or times prescribed by applicable law, such properly completed and executed documentation prescribed by applicable law or reasonably requested by the Borrower as will permit such payments to be made without withholding or at a reduced rate.
(ii) If a payment made to a Lender under this Agreement would be subject to U.S. federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lender’s obligations under FATCA...
Amendments to Section 2.15. Section 2.15 of the Credit Agreement is hereby amended as follows:
(a) The first sentence of Section 2.15 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: On or prior to each of the second anniversary of the Closing Date (the “First Extension Date”) and the third anniversary of the Closing Date (the “Second Extension Date”), the Borrower may, by notice to the Administrative Agent (who shall promptly notify the Lenders) request that the Administrative Agent and the Lenders extend the date set forth in the definition of Termination Date by one year, and the Administrative Agent and the Lenders may, each in their sole and individual discretion, elect to do so, it being understood that (i) no extension shall be effective unless all Lenders unanimously agree to extend and (ii) any Lender who has not responded to such extension request within fifteen (15) Domestic Business Days following the date of the Administrative Agent’s notice of such extension request to the Lenders, shall be deemed to have rejected such request.
(b) The last sentence of Section 2.15 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: There shall be no more than two (2) extension requests, resulting in total extensions no longer than two (2) years, so that the Termination Date is no later than the eighth anniversary date of the Closing Date.
Amendments to Section 2.15. (Extension of Maturity Date) of the Existing Credit Agreement is amended and restated in its entirety as follows:
