Amendments to Section 4.1. Section 4.1 of the LLC Agreement is amended and restated in its entirety as follows:
Amendments to Section 4.1. Section 4.1(A)(1) of the Agreement shall be deleted and replaced with the following language:
(1) the services, functions and responsibilities described in this Agreement, including (a) the services, functions, responsibilities and Deliverables described in Exhibit 2 (Statement of Work), (b) the services, functions and responsibilities relating to the Transition, including Transition Deliverables (and, if applicable, the Transformation, including Transformation Deliverables), (c) the services, functions and responsibilities relating to the Reverse Transition, including Reverse Transition Deliverables, (d) and the services, functions and responsibilities relating to the EUS/SD Reverse Transition, including the EUS/SD Reverse Transition Deliverables and (e) the Termination/Expiration Assistance.”
Amendments to Section 4.1. Section 4.1 of the Credit Agreement is amended by designating the existing section as subparagraph (a) and inserting a subparagraph (b) to read as follows:
Amendments to Section 4.1. Section 4.1 of the Existing Credit Agreement is hereby amended by inserting the following proviso at the end thereof: “; provided further, that any optional prepayment of Term Loans made pursuant to this Section 4.1 on or prior to the first anniversary of the First Amendment Effective Date with the proceeds of Indebtedness incurred by the Borrower from a substantially concurrent borrowing of loans provided by one or more banks, funds or other financial institutions (other than any such borrowing pursuant to a refinancing of all the facilities or the Term Loans under this Agreement in connection with a Permitted Acquisition, Change of Control or other transaction not permitted by this Agreement (prior to giving effect to any amendment, waiver or other modification of this Agreement that is effected in connection with such transaction)) for which the interest rate payable thereon is, or upon satisfaction of specified conditions could reasonably be expected to be, less than the interest rate applicable to Term Loans that are Eurodollar Loans at the time of such prepayment shall be subject to the payment of a premium of 1.0% of the aggregate principal amount of such prepayment. For the avoidance of doubt, any prepayment or repayment of Term Loans funded directly or indirectly with the proceeds of Capital Stock issued by the Borrower or equity contributed to the Borrower and received after the First Amendment Effective Date shall not require the payment of any premium contemplated by the preceding proviso.”
Amendments to Section 4.1. Section 4.1 of the Financing Agreement is hereby amended by adding thereto the following text to the end thereof: “Each Borrower hereby further agrees to execute and deliver to the Lender Term Note C in the form attached as Exhibit D to this Agreement (the “Term Note C”) to evidence the Term Loan C to be extended by the Lender hereunder and pursuant to the Term Loan C Amendment, and hereby acknowledges and agrees that, effective as of the Assignment and Acceptance Effective Date, the Existing Term Note, Term Note A-2 and Term Note B, and all of the obligations, liabilities and indebtedness of the Borrowers thereunder, and all of the other rights, remedies and obligations of the Existing Lender, the Original Lender and Monroe Investments, Inc. (collectively, the “Assignor”) under the Financing Agreement, the Collateral Documents and the other Loan Documents (unless expressly reserved or retained in the Assignment and Acceptance), have been sold, assigned and transferred by the Assignor to the Lender pursuant to the Assignment and Acceptance.”
Amendments to Section 4.1. The first sentence of Section 4.1.1 of the Agreement shall be amended to read in its entirety as follows: “[****]” The first sentence of Section 4.1.2 of the Agreement shall be amended to read in its entirety as follows: “[****]” In addition, Section 4.1 of the Agreement shall be amended to include a new Section 4.1.5 that shall read in its entirety as follows: “Notwithstanding the foregoing, during any Blockage Period and continuing until the end of the Blockage Period and when Xxxx has paid Xxxxxx the applicable Deferred Payment, Xxxxxx may defer any and all payments due to Xxxx under Section 4.1 of this Agreement.”
Amendments to Section 4.1. Section 4.1 of the Loan Agreement is amended by changing the word “Each” at the beginning of the first sentence thereof and replacing it with the phrase “As of the First Amendment Effective Date, each”.
