Amendments to the Credit and Security Agreement. Effective as of the Effective Date:
1.1. Section 4.5 of the Credit and Security Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to the Credit and Security Agreement. (a) Section 7.1(a)(ii) of the Credit and Security Agreement is hereby amended and restated in its entirety and as so amended and restated shall read as follows:
Amendments to the Credit and Security Agreement. The Credit and Security Agreement is hereby amended to incorporate the changes shown on the marked pages attached hereto as Exhibit B.
Amendments to the Credit and Security Agreement. The Credit and Security Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the bold and double-underlined text (indicated textually in the same manner as the following example: bold and double-underlined text) as set forth on the changed pages of the Credit and Security Agreement attached as Exhibit A hereto.
Amendments to the Credit and Security Agreement. The Credit and Security Agreement is hereby amended as of the date hereof as follows:
(a) Each reference to the phrase “Market Street’s Lender Group” in the Credit and Security Agreement is replaced with a reference to the phrase “PNC’s Lender Group”.
(b) Section 1.1(a)(ii)(B) of the Credit and Security Agreement is replaced in its entirety with the following:
Amendments to the Credit and Security Agreement. Subject to the satisfaction of the conditions set forth in Section 2 below, as of the Effective Date, (i) the Credit and Security Agreement is amended in accordance with Exhibit A-1 (Redline) hereto: (a) by deleting all language which appears in strikethrough text on Exhibit A-1 (Redline) and (b) by inserting all language which appears in double-underlined text on Exhibit A-1 (Redline), (ii) the outstanding A-Loans, B-Loans and participations in Letters of Credit shall be automatically reallocated among the Lenders so that each Lender (or with respect to any Group that has more than one Lender, the Lenders in such Group on a combined basis) is holding its Ratable Share, in each case after giving effect to this Amendment, of such outstanding A- Loans, B-Loans and participations in Letters of Credit, and (iii) any outstanding LMIR Loans (as defined in the Credit and Security Agreement prior to giving effect to this Amendment) shall be automatically and immediately converted into Daily Term SOFR Loans bearing interest at Adjusted Daily One Month Term SOFR. For the avoidance of doubt, notwithstanding anything to the contrary contained in any prior amendment or amendments to the Credit and Security Agreement, the Credit and Security Agreement set forth in Exhibit A-1 (Redline) hereto and Exhibit A-2 (Clean) hereto reflect the current agreement of the parties hereto as to all of the terms and provisions of the Credit and Security Agreement as of the Effective Date.
Amendments to the Credit and Security Agreement. The Credit and Security Agreement is hereby amended as follows:
7.01 The reference to “Redemption Date” in Section 4.5 therein is deleted and replaced with “Exchange Note Redemption Date.”
7.02 Section 4.7 therein is amended and restated in its entirety as follows:
Amendments to the Credit and Security Agreement. Subject to the satisfaction of the conditions set forth in Section 2 below, as of the Effective Date, the Credit and Security Agreement is amended in accordance with Exhibit A-1 (Redline) hereto: (a) by deleting all language which appears in strikethrough text on Exhibit A-1 (Redline) and (b) by inserting all language which appears in double-underlined text on Exhibit A-1 (Redline). For the avoidance of doubt, notwithstanding anything to the contrary contained in any prior amendment or amendments to the Credit and Security Agreement, the Credit and Security Agreement set forth in Exhibit A-1 (Redline) hereto and Exhibit A-2 (Clean) hereto reflect the current agreement of the parties hereto as to all of the terms and provisions of the Credit and Security Agreement as of the Effective Date.
Amendments to the Credit and Security Agreement. Effective as of the Effective Date:
1.1. The definition in Annex A to the Credit and Security Agreement of each of the capitalized terms set forth below is hereby amended and restated in its entirety to read, respectively, as follows:
Amendments to the Credit and Security Agreement. (a) Effective as of December 19, 2012, clause (x) of Section 7.1(k) of the Credit and Security Agreement is hereby amended and restated in its entirety to read as follows:
(x) prepare its financial statements separately from those of the Originators and at all times after the Third Amendment Effective Date, ensure that any consolidated financial statements of the Originators or any Affiliate thereof that include the Borrower have notes clearly stating that the Borrower is a separate legal entity and that its assets will be available only to satisfy the claims of the creditors of the Borrower;
(b) Section 9.1(h) of the Credit and Security Agreement is hereby amended and restated in its entirety and as so amended and restated shall read as follows:
(h) As at the end of any Calculation Period:
(i) the three‑month rolling average Delinquency Ratio shall exceed 2.25%,
(ii) the three‑month rolling average Default Ratio shall exceed 2.00%,
(iii) the three‑month rolling average Non‑Contractual Dilution Ratio shall exceed 5.25%, or
(iv) the three‑month rolling average Days Sales Outstanding shall exceed 55;
(c) Section 10.2 of the Credit and Security Agreement is hereby amended and restated in its entirety and as so amended and restated shall read as follows:
