Modification to Section 2. 3(a). The reference to “Sections 7(e)” in Section 2.3(a) of the Credit Agreement is hereby deleted and is hereby replaced with “Section 7.1(e).”
Modification to Section 2. 3. Section 2.3 of the Credit Agreement is hereby deleted in its entirety and is hereby replaced with the following:
Modification to Section 2. 2(a). The last full paragraph of Section 2.2(a) of the Credit Agreement is hereby deleted in its entirety and is replaced with the following: Notwithstanding anything herein to the contrary, on or after June 20, 2011, the Borrower may increase the total amount of this credit facility, as such amount is provided in Section 2.1 above, in an aggregate principal amount of up to $20,000,000 (for a total credit facility amount of up to $60,000,000) subject to the arrangement of additional commitments with financial institutions acceptable to the Borrower and the Agent; provided that in each case (1) no Bank will be required to increase its Revolving Credit Loan Commitment, (2) the Agent shall have no responsibility to arrange any such additional commitments unless the Agent shall consent to such undertaking in a prior writing; and in any event, the Agent’s responsibility to arrange any additional commitments shall be subject to such conditions, including, but not limited to, fee arrangements, as the Agent may provide in connection therewith, (3) there is no continuing Default or Event of Default, and (4) the conditions to making a Revolving Credit Loan, as provided in Section 4.3(a) below, are satisfied.
Modification to Section 2. 2(a). The last full paragraph of Section 2.2(a) of the Credit Agreement is hereby deleted in its entirety and is replaced with the following: Notwithstanding anything herein to the contrary, on or after June 20, 2011, the Borrower may increase the total amount of this credit facility, as such amount is provided in Section 2.1 above, in an aggregate principal amount of up to $30,000,000 (for a total credit facility in an aggregate principal amount of up to $115,000,000) subject to the arrangement of additional commitments with financial institutions acceptable to the Borrower and the Agent; provided that in each case (1) no Bank will be required to increase its Revolving Credit Loan Commitment, (2) the Agent shall have no responsibility to arrange any such additional commitments unless the Agent shall consent to such undertaking in a prior writing; and in any event, the Agent’s responsibility to arrange any additional commitments shall be subject to such conditions, including, but not limited to, fee arrangements, as the Agent may provide in connection therewith, (3) there is no continuing Default or Event of Default, and (4) the conditions to making a Revolving Credit Loan, as provided in Section 4.3(a) below, are satisfied.
Modification to Section 2. 1.1(b). Section 2.1.1(b) that now reads as follows:
Modification to Section 2. 1.2. Section 2.1.2 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: “ Equipment Advances B.
Modification to Section 2. 8. The Parties hereby confirm that Section 2.8 shall be removed and replaced with the following language.
Modification to Section 2. 9. The Parties hereby confirm that Section 2.9 of the Purchase Agreement shall be removed and replaced with the following language.
Modification to Section 2. Section 2, Equipment, is hereby deleted and all references to Equipment in the Lease Agreement are hereby deleted. Lessor and Lessee acknowledge that the Parties are entering into a separate Equipment Lease Agreement contemporaneously with the execution of this Second Amendment, which shall govern all matters related to Equipment as of the Effective Date hereof.
Modification to Section 2. 2(a). The reference to “$10,000,000” in Section 2.2(a) of the Credit Agreement is hereby deleted and is hereby replaced with “$5,000,000.” Additionally, the reference to “$25,000,000” in Section 2.2(a) of the Credit Agreement is hereby deleted and is hereby replaced with “$20,000,000.”
