Subsection 8 Sample Clauses

Subsection 8. 2.3 states CCH SFS’ entire liability and the sole and exclusive remedy of Customer, its employees, officers, directors and Affiliates and any Authorized User with respect to any warranty claim pursuant to subsection 8.1 or actual or claimed infringement or other violation of any third party’s intellectual property rights.

Subsection 8. 10(b) of the Credit Agreement is hereby amended by deleting the reference to “A+ or A1” and replacing it with “BBB+ or Baal”.

Subsection 8. 10(a) of the Credit Agreement is hereby amended and restated in its entirety as follows: (a) Derivative Contracts entered into by the Company with the purpose and effect of limiting or reducing the market price risk of Oil and Gas expected to be produced by the Company and its Subsidiaries provided that at all times: (i) each such Derivative Contract limits or reduces such market price risk for a term of no more than sixty (60) months; (ii) no such contract, at the time it is entered into, when aggregated with all Derivative Contracts permitted under this Section 8.10(a) (but excluding put option contracts or similar “floor” arrangements) requires the Loan Parties, collectively, to deliver volumes in excess of the greater of (x) 85% of Total Proved Reserves or (y) the following percentages of Proved Producing Reserves: provided, however, that with regard to a "costless collar" that involves the purchase of a put and the sale of a call for the same volumes and dates and commodities, only the volumes associated with the put or the call (but not both) will be included in calculating the applicable percentage threshold, and (iii) each such contract shall be between the Company and a Lender Derivative Provider, or with an unsecured counterparty or have a guarantor of the obligation of the unsecured counterparty who, at the time the contract is made, has long-term obligations rated BBB+ or Baal or better, respectively, by Standard & Poor’s Corporation or Xxxxx’x Investors Services, Inc. (or a successor credit rating agency) (excluding Derivative Contracts offered by national commodity exchange for which no credit rating is required);”

Subsection 8. E. is deleted and replaced with the following:

Subsection 8. 2.1. Subsection 8.2.1 of the Existing Credit Agreement (Liens; and Licenses—In General) is hereby amended as follows: (i) the phrase “the items referred to in clauses (a) through (g)” in the first paragraph of such Subsection is hereby replaced with “the items referred to in clauses (a) through (h)”; (ii) the word “and” is hereby deleted at the end of clause (f); (iii) the period at the end of clause (g) is hereby deleted and replaced with “; and”; (iv) the following language is added as a new clause (h) to such Subsection: “ (h) Liens in favor of the trustee for the holders of Permitted Notes; provided, that no such Lien shall extend to or cover any property other than the Note Escrow Property.”

Subsection 8. 1.3(a) -----------------------------------------

Subsection 8. 02 of the Existing LC Facility is hereby amended by deleting the first reference to the fax number “000-000-0000” and substituting in lieu thereof “000-000-0000”.

Subsection 8. Subsection 8.1.8 of the Credit Agreement is hereby deleted in its entirety.

Subsection 8. 1(c) of the Credit Agreement is hereby amended by amending clause (ii) thereof by (1) adding “(x)” immediately prior to “Subsection 8.1(b)(xiii)” and (2) adding “and (y) the Cash Capped Incremental Facility shall cease to be deemed Incurred or outstanding for purposes of such definition but shall be deemed Incurred for the purposes of the Ratio Incremental Facility from and after the first date on which the Parent Borrower could have Incurred such Indebtedness under the Ratio Incremental Facility without reliance on such provision” immediately prior to “; (iii)”.

Subsection 8. 1.3 ------------------ Title Commitment...................................................