Common use of Modification to Section 2 Clause in Contracts

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. 2(a). The following is hereby added as a new paragraph after the last full paragraph of Section 2.2(a) of the Credit Agreement is hereby deleted in its entirety and is replaced with the followingAgreement: Notwithstanding anything herein to the contrary, on or after June 20, 20112009, 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 10,000,000 (for a total credit facility in an aggregate principal amount of up to $115,000,00050,000,000) 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(a1(a). The last full following is hereby added as a new paragraph at the end of Section 2.2(a2.1(a) of the Credit Agreement is hereby deleted in its entirety and is replaced with the followingAgreement: Notwithstanding anything herein to the contrary, on or after June 20November 12, 20112009, the Borrower may increase the total amount of this credit facility, as such amount is provided in Section 2.1 abovethe immediately preceding paragraph, in an aggregate principal amount of up to $30,000,000 20,000,000 (for a total credit facility in an aggregate principal amount of up to $115,000,000110,000,000) subject to the arrangement of additional commitments with financial institutions acceptable to the Borrower and the Administrative Agent; provided that in each case (1) no Bank will be required to increase its Revolving Credit Loan Commitment, (2) the Administrative Agent shall have no responsibility to arrange any such additional commitments unless the Administrative Agent shall consent to such undertaking in a prior writing; and in any event, the Administrative Agent’s responsibility to arrange any additional commitments shall be subject to such conditions, including, but not limited to, fee arrangements, as the Administrative 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 Loanborrowing, as provided in Section 4.3(a) 4.2 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 20,000,000 (for a total credit facility in an aggregate principal amount of up to $115,000,00060,000,000) 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 following is hereby added as a new paragraph following 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: Agreement. Notwithstanding anything herein to the contrary, on or after June 20, 2011the Closing Date, 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 67,500,000 (for a total credit facility in an aggregate principal amount of up to $115,000,000160,000,000) 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 for arranging any such additional commitments unless the Agent shall consent to such undertaking in a prior writing; and in any event, without the Agent’s responsibility to arrange any additional commitments shall be prior written consent and subject to such conditions, including, but not limited to, to fee arrangements, as the Agent may provide in connection therewith, (3) there is no continuing Default or Event of Default, 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 following is hereby added as a new paragraph following 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: Agreement. Notwithstanding anything herein to the contrary, on or after June 20, 2011the Closing Date, 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 67,500,000 (for a total credit facility in an aggregate principal amount of up to $115,000,000160,000,000) 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 for arranging any such additional commitments unless the Agent shall consent to such undertaking in a prior writing; and in any event, without the Agent’s responsibility to arrange any additional commitments shall be 's prior written consent and subject to such conditions, including, but not limited to, to fee arrangements, as the Agent may provide in connection therewith, (3) there is no continuing Default or Event of Default, 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 following is hereby added as a new paragraph after the last full paragraph of Section 2.2(a) of the Credit Agreement is hereby deleted in its entirety and is replaced with the followingAgreement: Notwithstanding anything herein to the contrary, on or after June 20, 20112009, 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 20,000,000 (for a total credit facility in an aggregate principal amount of up to $115,000,00090,000,000) 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.