Section 6.01(a. Section 6.01(a) of the Credit Agreement is amended by adding the following at the end thereof: “provided further that the Borrower shall deliver or cause to be delivered to the Administrative Agent and Lenders the foregoing audited stand alone balance sheets of the Borrower and the related statements of income and cash flows for its fiscal year ending December 31, 2008 and shall file or cause to be filed with the Securities Exchange Commission its annual report on Form 10-K or Form 10-KSB for its fiscal year ending December 31, 2008 by no later than June 30, 2009; provided further, that as soon as available, but in any event by March 31, 2009, the Borrower shall deliver to the Administrative Agent, in form and detail reasonably satisfactory to the Administrative Agent and all the Lenders, unaudited preliminary internally generated stand alone balance sheets of the Borrower for the fiscal year ending December 31, 2008, and the related statements of income and cash flows for such fiscal year, which preliminary internally generated financial statements will be subject to revisions arising out of the audit process as provided above in this Section 6.01(a);”
Section 6.01(a. (ii) of the Existing Credit Agreement is hereby amended in its entirety to read as follows:
Section 6.01(a of the Partnership Agreement; provided, however, that the Administrator may only redeem purchase the Partnership Interest of a Limited Partner or Assignee with the consent of the General Partner (with respect to General Partner’s Partnership Interest, the Board of Directors), and the Administrator shall not have the right or power to make the determinations or take any action set forth in Section 6.02(b) 6.01(b) of the Partnership Agreement without the consent of the Board of Directors.
Section 6.01(a of the Credit Agreement is amended by deleting the language commencing with “audited and accompanied by a report” through the end of such Section and adding the following in substitution therefor: “audited and accompanied by a report and opinion of UHY LLP or another nationally recognized firm of independent certified public accountants reasonably acceptable to the Required Lenders, which report and opinion shall be prepared in accordance with GAAP (except as otherwise noted herein) and shall not be subject to any qualifications or exceptions as to the scope of the audit (except for qualifications, exceptions or restatements arising out of the Misappropriation Transaction) nor to any qualifications and exceptions not reasonably acceptable to the Required Lenders; provided with respect to any audit of, and report and opinion from, a firm of independent certified public accountants of any restatement of the Borrower’s stand alone balance sheet, statement of income and statement of cash flows for fiscal years ending on or before December 31, 2007, such audit, report and opinion may be provided by Xxxx Bailly LLP, successor by merger to Murrell, Hall, XxXxxxxx & Co., PLLP, UHY LLP or another nationally recognized firm of independent certified public accounts reasonably acceptable to the Required Lenders;”
Section 6.01(a of the Credit Agreement is hereby amended by inserting the following language at the end thereof: So long as the 2026 Notes Covenant Discharge has not occurred, notwithstanding anything to the contrary in this Agreement, prior to January 1, 2022, the Borrower will not, and will not permit any Restricted Subsidiary to, incur any Indebtedness that is secured by the Collateral on a pari passu basis with the Secured Obligations in reliance on clause (a)(xxiii) of this Section 6.01 in respect of clause (c) of the definition of Incremental Cap. So long as the 2026 Notes Covenant Discharge has not occurred, notwithstanding anything to the contrary in this Agreement, with respect to the Indebtedness incurred under the 2026 Additional First Lien Notes, any modification, refinancing, refunding, renewal or extension thereof shall not be financed with the issuance of additional notes pursuant to the 2026 First Lien Notes Indenture to Silver Lake or any of its Affiliates (including through an underwritten offering).
Section 6.01(a. The phrase “within 90 days after the end of each fiscal year” shall be replaced with the phrase: “within 100 days after the end of the fiscal year ended December 31, 2006 and within 90 days after the end of each other fiscal year”.
