Common use of Permit Borrower’s Portion of Excess Cash Flow Basket to Rollover Clause in Contracts

Permit Borrower’s Portion of Excess Cash Flow Basket to Rollover. Amend the definition of “Borrower’s Portion of Excess Cash Flow” to (i) in the first sentence, replace beginning at “in respect of any fiscal year (a) if the Leverage Ratio” through the end of the sentence, with “(a) 10% of the amount of such Excess Cash Flow, in respect of the 2013 and 2014 fiscal years and (b) 50% of the amount of such Excess Cash Flow, in respect of the 2015 and 2016 fiscal years”, (ii) delete the period at the end of the first sentence and (iii) add at the end of the first sentence the words “; provided, that 100% of any unused amounts of Borrower’s Portion of Excess Cash Flow that are not utilized in the immediately subsequent fiscal quarter for Designated Excess Cash Expenditures in such fiscal quarter may be carried forward into subsequent fiscal periods.” Amend each of Sections 2.16(b), 6.04(f), 6.04(l), 6.08(a)(iv) and 6.08(b)(vi) to (i) delete the words “for the immediately preceding fiscal year,” therein and (ii) delete the words “for such immediately preceding fiscal year,” and substitute therefor, “in any prior period”, and effect comparable changes in any other sections (if any), as may be required to be consistent with the foregoing.

Permit Borrower’s Portion of Excess Cash Flow Basket to Rollover. Amend the definition of “Borrower’s Portion of Excess Cash Flow” to (i) in the first sentence, replace beginning at “in respect of any fiscal year (a) if the Leverage Ratioyear” through the end of the first sentence, with “(a) 10% on the first $25,900,000 of the amount of such Excess Cash FlowFlow and (b) 50% on all Excess Cash Flow thereafter, in respect of the 2013 and 2014 fiscal years and (b) 50% of the amount of such Excess Cash Flow, in respect of the 2015 and 2016 fiscal years”, (ii) delete the period at the end of the first sentence and (iii) add at the end of the first sentence the words “; provided, that 100% of any unused amounts of Borrower’s Portion of Excess Cash Flow that are not utilized in the immediately subsequent fiscal quarter for Designated Excess Cash Expenditures in such fiscal quarter may be carried forward into subsequent fiscal periods.” Amend each of Sections 2.16(b), 6.04(f), 6.04(l), 6.08(a)(iv6.08(a)(iii) and 6.08(b)(vi) to (i) delete the words “for the immediately preceding fiscal year,” therein and (ii) delete the words “for such immediately preceding fiscal year,” and substitute therefor, “in any prior period”, and effect comparable changes in any other sections (if any), as may be required to be consistent with the foregoing.

Permit Borrower’s Portion of Excess Cash Flow Basket to Rollover. Amend and restate the definition of “Borrower’s Portion of Excess Cash Flow” in its entirety to (i) in the first sentence, replace beginning at read as follows: “‘Borrower’s Portion of Excess Cash Flow’ means with respect to Excess Cash Flow in respect of any fiscal year (a) if the Leverage Ratio” through the end of the sentenceperiod, with “(a) 1050% of the amount of such Excess Cash Flow, in respect of the 2013 and 2014 fiscal years and (b) 50% of the amount of such Excess Cash Flow, in respect of the 2015 and 2016 fiscal years”, (ii) delete the period at the end of the first sentence and (iii) add at the end of the first sentence the words “; provided, that 100% of any unused amounts of Borrower’s Portion of Excess Cash Flow that are not utilized in the immediately subsequent fiscal quarter for Designated Excess Cash Expenditures in such fiscal quarter may be carried forward into subsequent fiscal periods.” Amend each of Sections 2.16(b), 6.04(f), 6.04(l), 6.08(a)(iv) and 6.08(b)(vi) to (i) delete the words “for the immediately preceding fiscal year,” therein and (ii) delete the words “for such immediately preceding fiscal year,” and substitute therefor, “in any prior period”, and effect comparable changes in any other sections (if any), as may be required to be consistent with the foregoing.