Amendments to Section 3.2. Section 3.2 of the Purchase Agreement hereby is amended and restated to read in its entirety as follows:
Amendments to Section 3.2. 3.1 Section 3.2.2 is hereby amended in its entirety to read as follows:
Amendments to Section 3.2. Subsection 3.2(a) of the Credit Agreement is hereby amended by added a phrase “(iii)” at the end of such subsection, to read in its entirety as follows: “(iii) on that portion maintained from time to time as a LIBOR Flex Rate Loan, equal to the sum of the LIBOR Flex Rate from time to time in effect plus the Applicable Margin”, and Subsection 3.2(c) of the Credit Agreement is hereby amended to add, after “Base Rate Loan” and “Base Rate Loans”, respectively, “or LIBOR Flex Rate Loan” and “or LIBOR Flex Rate Loans”.
Amendments to Section 3.2. Section 3.2 of the Credit Agreement is hereby amended by inserting the following new sentence at the end of Section 3.2: “The obligation of each Lender to make its Second Additional Term Loan is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.2 (the making of such Second Additional Term Loan by a Lender being conclusively deemed to be its satisfaction or waiver of such conditions precedent).”
Amendments to Section 3.2. The last sentence of Section 3.2 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: “At such time as the Borrower pays, prepays or repays, or is required to pay, prepay or repay, any principal amount of the Loans, whether on the Maturity Date or otherwise, whether voluntarily or involuntarily (if involuntarily, whether required by this Agreement or any other Loan Document) and whether before or after acceleration of the Obligations, including without limitation any payment pursuant to any provision of this Section 3.2, the Borrower shall pay to each Lender, a fee in the amount equal to 9.0% of the aggregate principal amount of such payment, prepayment or repayment to such Lender.”
Amendments to Section 3.2. The last paragraph of Section 3.2 of the Credit Agreement is hereby amended and restated in its entirety as follows: “At such time as the Borrower pays, prepays or repays, or is required to pay, prepay or repay, any principal amount of the Loans (other than the Continuing Loans and the Second Amendment Loans), whether on the Maturity Date or otherwise, whether voluntarily or involuntarily (if involuntarily, whether required by this Agreement or any other Loan Document) and whether before or after acceleration of the Obligations, including without limitation any payment pursuant to any provision of this Section 3.2, the Borrower shall pay to each Lender, a fee in the amount equal to 2.00% of the aggregate principal amount of such payment, prepayment or repayment to such Lender.”
