Amendments to the Recitals. Delete the Fifth Recital and replace with “[Number not used]”.(1)
Amendments to the Recitals. (a) The second recital hereby is amended and restated in its entirety as follows:
Amendments to the Recitals. The last recital is hereby amended and restated to read in its entirety as follows:
Amendments to the Recitals. The recitals to the Agreement are hereby deleted in their entirety and restated to read as follows:
Amendments to the Recitals. Recital A is hereby amended by adding the following therein at the end of such Recital:
Amendments to the Recitals. Recital A is hereby amended by deleting the period at the end of such Recital and by adding the following at the end of such Recital: ", and pursuant to the Supplemental Reducing Revolving Loan Agreement (as at any time amended, the "Supplemental Loan Agreement") dated as of March 13, 1997, among the Borrowers, certain of the Banks under the Loan Agreement, and Bank of America National Trust and Savings Association, as Managing Agent, the Banks therein named have provided Borrowers with a supplemental secured reducing revolving credit facility in a principal amount of up to $25,000,000." Recital B is hereby amended to read in full as follows:
Amendments to the Recitals. (a) The sixth recital to the Merger Agreement is hereby deleted and replaced with the following:
Amendments to the Recitals to the Financing ------------------------------------------- Agreement. The recitals to the Financing Agreement are hereby amended by ---------
(i) deleting the text "and" appearing at the end of the first recital, (ii) deleting the second recital and inserting the following three new recitals after the first recital:
Amendments to the Recitals. (a) The first sentence in Recital E of the Agreement is hereby amended by deleting and replacing "Xxxxx Arena" with "Colorado Sports."
(b) Recital G of the Agreement is hereby deleted and replaced in its entirety with the following Recital:
Amendments to the Recitals. (a) The first paragraph of the Original Guaranty is hereby amended by deleting the words “the Swap Obligation Providers and the FX/Cash Management Obligation Providers” and replacing such words with the following: “the Lenders and any of their respective Affiliates (or any Lender (or an Affiliate of such a Lender) at the time any Bank Product Obligations were incurred but has ceased to be a Lender (or whose Affiliate has ceased to be a Lender) under the Credit Agreement) providing any Bank Product (“Bank Product Providers”)”.
(b) The second paragraph of the Original Guaranty is hereby amended by deleting the parenthetical “(the “Borrower”)” and replacing it with “(“Pacer”)”.
(c) The third paragraph of the Original Guaranty is hereby amended by deleting such paragraph in its entirety and replacing it with the following: “It is a condition precedent to the Borrowings, to the issuances of Letters of Credit under the Credit Agreement and to the extension of Bank Products that each Guarantor guarantee the indebtedness and other obligations of the Borrowers to the Guaranteed Parties under or in connection with the Credit Agreement and arising under any agreement relating to any Bank Product as set forth herein. Each Guarantor, as a Borrower or as a Subsidiary of a Borrower, will derive substantial direct and indirect benefits from the making of the Loans to, and issuances of Letters of Credit for the account of, the Borrowers pursuant to the Credit Agreement and from the agreements relating to the Bank Products (which benefits are hereby acknowledged by each Guarantor).”
(d) The fourth paragraph of the Original Guaranty is hereby amended by deleting the words “to induce the Swap Obligation Providers to enter into the Swap Contracts and to induce the FX/Cash Management Obligation Providers to enter into the FX/Cash Management Agreements” and replacing such words with the following: “and to induce the applicable Lenders (or their respective Affiliates) to enter into any agreement relating to any Bank Products”.
