Subsection 3. B of the Agreement is deleted in its entirety and replaced with the following: “The Trust and each Fund set forth on Appendix A is an investment company registered under the Investment Company Act of 1940, as amended.”
Subsection 3. 5. Subsection 3.5 is amended by (i) deleting clauses (C), (D) and (E) thereof;
Subsection 3. 9. Subsection 3.9 is amended by deleting clause (a) thereof and the last sentence thereof.
Subsection 3. 8. Subsection 3.8 is amended by (i) deleting clauses (a) and (b) of such subsection and substituting the following therefor:
(a) without duplication of amounts which may be paid by Holdings, payment of a management or advisory fee to DLJ not to exceed, in the aggregate, $250,000 per year, payable quarterly in arrears on the first day of each quarter, commencing April 1, 1998, (b) to make any Restricted Junior Payments permitted under subsection 3.5, (c) to enter into and perform their respective obligations under arrangements with DLJ and its affiliates for underwriting, investment banking and advisory services on standard and customary terms and conditions which are disclosed in writing to Xxxxxx, or (d) as set forth in Schedule 3.8.; and
Subsection 3. 1 of the Guarantee and Collateral Agreement is hereby amended by inserting the words “(provided, however, that nothing herein or in the definition of “Obligations” shall grant any security interest to secure any obligations or liabilities of a Loan Party under or in connection with any Excluded Swap Obligations for purposes of determining any obligations of a Grantor hereunder)” immediately after the word “Obligations” appearing in the first paragraph thereof.
Subsection 3. 1.1 of the Loan and Security Agreement is deleted in its entirety and replaced with the following:
Subsection 3. 3. Subsection 3.3 of the Credit Agreement is hereby amended by amending clause (N) of Subsection 3.3 to read in its entirety as follows:
Subsection 3. 4(E) of the Credit Agreement is hereby amended to read as follows:
Subsection 3. 1. Subsection 3.1(a) of the Credit Agreement is hereby amended by deleting the amount "$65,000,000" appearing in clause (i) thereof and inserting, in lieu thereof, "$25,000,000."
Subsection 3. 1. Subsection 3.1 of the Existing Lease is hereby amended by adding after the last paragraph thereof the following new paragraphs:
