Common use of AMENDMENTS TO THE FACILITY AGREEMENT Clause in Contracts

AMENDMENTS TO THE FACILITY AGREEMENT. 4.1 Subject to the terms of this Second Supplemental Facility Agreement, the Facility Agreement in the form set out Schedule 3 to the Supplemental Facility Agreement shall be amended as follows:- 4.1.1 The existing Clause 11.08 shall be amended by the insertion of the words “or Clause 11.11” after the words “where any amount to be prepaid under Clause 11.03” and prior to the words “is received by the Agent” where they appear therein, by the insertion of the words "if the prepayment is made under Clause 11.03 or in the Surplus Cash Security Account if the prepayment is made pursuant to Clause 11.11” after the words “in a Security Account” and prior to the words “until the end of such Interest Period” where they appear therein and by the insertion of the words “if the prepayment is made under Clause 11.03 or towards reduction of the amounts outstanding under the Facility if the prepayment is made under Clause 11.11” at the end of such Clause 11.08. 4.1.2 The existing Clause 11.10 shall be amended by the insertion of the words “or Clause 11.12” after the words “Clause 11.03” and prior to the words “be applied immediately towards” where they appear therein. 4.1.3 The following additional Clauses 11.11 and 11.12 shall be inserted in the Facility Agreement following the existing Clause 11.10:-

AMENDMENTS TO THE FACILITY AGREEMENT. 4.1 Subject to the terms of this Second Supplemental Mezzanine Facility Agreement, the Mezzanine Facility Agreement in the form set out Schedule in schedule 3 to the Supplemental Mezzanine Facility Agreement shall be amended as follows:-follows: 4.1.1 The existing Clause 11.08 11.09 shall be amended by the insertion of the words “or Clause 11.1111.12” after the words “where any amount to be prepaid under Clause 11.0311.05” and prior to the words “is received by the Agent” where they appear therein, by the insertion of the words "“if the prepayment is made under Clause 11.03 11.05 or in the Surplus Cash Security Account if the prepayment is made pursuant to Clause 11.1111.12” after the words “in a Security Account” and prior to the words “until the end of such Interest Period” where they appear therein and by the insertion of the words “if the prepayment is made under Clause 11.03 or towards reduction in accordance with the provisions of the amounts outstanding under the Facility Clause 11.12 if the prepayment is made under such Clause 11.1111.12” at the end of such Clause 11.0811.09. 4.1.2 The existing Clause 11.10 11.11 shall be amended by the insertion of the words words, “or Clause 11.12” after the words “Clause 11.0311.05” and prior to the words “be applied immediately towards” where they appear therein. 4.1.3 The following additional Clauses 11.11 11.12 and 11.12 11.13 shall be inserted in the Mezzanine Facility Agreement following the existing Clause 11.10:-11.11: “11.12 As at (and as soon as practicable after) 31 December in each year (commencing 31 December 2003), the Surplus Cash shall be calculated by the Borrower and notified to the Agent. So long as there are any amounts outstanding to the Lenders (or any of them) under this Agreement, the Borrower shall within 10 business days of delivery of the Monthly Management Accounts for the financial year ending on such 31 December, make payment into a Surplus Cash Security Account of an amount equal to 50% of the Surplus Cash. The Borrower shall, within 5 business days of the delivery of the audited consolidated financial statements of the Group in respect of such financial year in accordance with the terms of this Agreement, deliver to the Agent a certificate by its auditors setting out their calculation of the Surplus Cash and on such date an amount equal to 50% of the Surplus Cash will be paid (or, to the extent applicable, released from the Surplus Cash Security Account and paid) to the Agent for the account of the Lenders and any remaining monies in such security account will be returned to the Borrower (or as it shall direct). The Agent will apply such amount in or towards reduction of the amounts outstanding under Tranche B and upon no amounts remaining outstanding under Tranche B and repayment or prepayment in full of the senior loan facilities made available in terms of the Senior Facility Agreement in or towards reduction of the amounts outstanding under Tranche A.