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. 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. 5. Subsection 3.5 of the Credit Agreement is hereby amended by amending subclause (iii) of clause (C) of the proviso to Subsection 3.5 to read in its entirety as follows:
Subsection 3. 16.1 of the Loan and Security Agreement is deleted in its entirety and replaced with the following:
Subsection 3. 3.1(a) is amended by deleting the words “and liquor stores”.
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. 3(h) of the Guarantee and Collateral Agreement is hereby amended by inserting “(i)” prior to “if the fair market value” and adding “and (ii) is not located in an area identified as a special flood hazard area by the Federal Emergency Management Agency or other applicable agency in accordance with the Flood Insurance Laws” immediately following “$5,000,000 individually”.
