Common use of Requisite Approval; Expenses Clause in Contracts

Requisite Approval; Expenses. This First Amendment shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Company and the holders of at least 51% in aggregate principal amount of the Notes shall have executed this First Amendment; (b) the Company shall have paid a fee to each Noteholder in an amount equal to 5.0 basis points of the principal amount of Notes held by such Noteholder; (c) the (i) Note Agreement dated as of May 14, 2003, (ii) Note Agreement dated as of October 13, 2005, and (iii) Note Agreement dated as of May 1, 2006 each of which are by and among the Company, and the institutional investors named therein shall each have been amended pursuant to amendments which are substantively similar to this First Amendment, (d) the Bank Credit Agreement shall have been amended pursuant to an amendment which is substantively similar to this First Amendment, (except that such amendment to the Bank Credit Agreement need not include an amendment similar to the addition set forth in Section 1.2 of this First Amendment), and (e) the Company shall have paid the reasonable fees, expenses and disbursements of Cxxxxxx and Cxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Amendment.

Requisite Approval; Expenses. This First Amendment shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Company and the holders of at least 51% in aggregate principal amount of the Notes shall have executed this First Amendment; (b) the Company shall have paid a fee to each Noteholder in an amount equal to 5.0 basis points of the principal amount of Notes held by such Noteholder; (c) the (i) Note Agreement dated as of May 14, 2003, (ii) Note Agreement dated as of October 13November 15, 20052004, and (iii) Note Agreement dated as of May 1October 13, 2006 2005 each of which are by and among the Company, and the institutional investors named therein shall each have been amended pursuant to amendments which are substantively similar to this First Amendment, (d) the Bank Credit Agreement shall have been amended pursuant to an amendment which is substantively similar to this First Amendment, (except that such amendment to the Bank Credit Agreement need not include an amendment similar to the addition set forth in Section 1.2 of this First Amendment), and (e) the Company shall have paid the reasonable fees, expenses and disbursements of Cxxxxxx and Cxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Amendment.

Requisite Approval; Expenses. This First Waiver and Amendment shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Company and the holders of at least 51% in aggregate principal amount of each of the 2003 Notes, the 2004 Notes, the 2005 Notes, the 2006 Notes and the 2008 Notes shall have executed this First Waiver and Amendment; (b) copies of the waiver to the Bank Credit Agreement shall have been delivered to the Noteholders, and shall be substantively similar to the waiver portion of this First Waiver and Amendment and in form reasonably satisfactory to the Noteholders; (c) the Company shall have paid a fee to each Noteholder in an amount equal to 5.0 10.0 basis points of the principal amount of Notes held by such Noteholder; (c) the (i) Note Agreement dated as of May 14, 2003, (ii) Note Agreement dated as of October 13, 2005, and (iii) Note Agreement dated as of May 1, 2006 each of which are by and among the Company, and the institutional investors named therein shall each have been amended pursuant to amendments which are substantively similar to this First Amendment, (d) the Bank Credit Agreement shall have been amended pursuant to an amendment which is substantively similar to this First Amendment, (except that such amendment to the Bank Credit Agreement need not include an amendment similar to the addition set forth in Section 1.2 of this First Amendment), and (e) the Company shall have paid the reasonable fees, expenses and disbursements of Cxxxxxx Xxxxxxx and Cxxxxx Xxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Waiver and Amendment.

Requisite Approval; Expenses. This First Amendment shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Company and the holders of at least 51% in aggregate principal amount of the Notes shall have executed this First Amendment; (b) the Company shall have paid a fee to each Noteholder in an amount equal to 5.0 basis points of the principal amount of Notes held by such Noteholder; (c) the (i) Note Agreement dated as of May 14, 2003, (ii) Note Agreement dated as of October 13November 15, 20052004, and (iii) Note Agreement dated as of May 1, 2006 each of which are by and among the Company, and the institutional investors named therein shall each have been amended pursuant to amendments which are substantively similar to this First Amendment, (d) the Bank Credit Agreement shall have been amended pursuant to an amendment which is substantively similar to this First Amendment, (except that such amendment to the Bank Credit Agreement need not include an amendment similar to the addition set forth in Section 1.2 of this First Amendment), and (e) the Company shall have paid the reasonable fees, expenses and disbursements of Cxxxxxx and Cxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Amendment.

Requisite Approval; Expenses. This First Amendment shall be effective as of the date first written above upon the satisfaction of the following conditions precedent: (a) the Company and the holders of at least 51% in aggregate principal amount of the Notes shall have executed this First Amendment; (b) the Company shall have paid a fee to each Noteholder in an amount equal to 5.0 basis points of the principal amount of Notes held by such Noteholder; (c) the (i) Note Agreement dated as of May 14November 15, 20032004, (ii) Note Agreement dated as of October 13, 2005, and (iii) Note Agreement dated as of May 1, 2006 each of which are by and among the Company, and the institutional investors named therein shall each have been amended pursuant to amendments which are substantively similar to this First Amendment, (d) the Bank Credit Agreement shall have been amended pursuant to an amendment which is substantively similar to this First Amendment, (except that such amendment to the Bank Credit Agreement need not include an amendment similar to the addition set forth in Section 1.2 of this First Amendment), and (e) the Company shall have paid the reasonable fees, expenses and disbursements of Cxxxxxx and Cxxxxx LLP which are reflected in statements of such counsel rendered on or prior to the date of this First Amendment.