Common use of Year 2000 Matters Clause in Contracts

Year 2000 Matters. Any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems and other equipment containing embedded microchips, in either case owned or operated by any Loan Party or used or relied upon in the conduct of its business (including any such Systems and other equipment supplied by others or with which the computer systems of any Loan Party interface), and the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27, 1999. The costs to the Loan Parties that have not been incurred (as of any date on which this representation and warranty is made) for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties are and, with ordinary course upgrading and maintenance, will continue during the period prior to the Maturity Date to be, sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Company or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of any Loan Party interfaceothers), and the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27January 1, 1999, except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect. The costs to the Loan Parties Company and its Subsidiaries, taking into account the information systems upgrade that the Company and its Subsidiaries are engaged in as of the date hereof, that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to aboveabove and taking into account the information systems upgrade that the Company and its Subsidiaries are engaged in as of the date hereof, the computer systems of the Loan Parties Company and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any reprogramming required to permit the ----------------- proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Borrower or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its of, and material to, their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of the Borrower or any Loan Party of its Subsidiaries interface), and the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27September 30, 1999. The costs to the Loan Parties Borrower and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment material to the conduct of their respective businesses containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties Borrower and its Subsidiaries material to each of their respective businesses are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any To the extent that the failure to do so could ----------------- reasonably be expected to result in a Material Adverse Effect, (a) any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Company or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of the Company or any Loan Party interfaceof its Subsidiaries interface and which are material to the conduct, in the ordinary course, of business of the Company or any Subsidiary), and (b) the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27December 31, 1999. The costs to the Loan Parties Company and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties Company and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, reasonably sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by Holdings, the Borrower or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its and material to their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of Holdings, the Borrower or any Loan Party of its Subsidiaries interface), and the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27October 31, 1999. The costs to Holdings, the Loan Parties Borrower and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other material computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of Holdings, the Loan Parties Borrower and its Subsidiaries material to each of their respective businesses are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any To the extent that the failure to do so ----------------- could reasonably be expected to result in a Material Adverse Effect, (a) any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Parent Guarantor or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of the Parent Guarantor or any Loan Party interfaceof its Subsidiaries interface and which are material to the conduct, in the ordinary course, of business of the Parent Guarantor or any Subsidiary), and (b) the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27December 31, 1999. The costs to the Loan Parties Parent Guarantor and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties Parent Guarantor and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, reasonably sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Borrower or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of any Loan Party interfaceothers), and the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27June 30, 1999. The costs to the Loan Parties Borrower and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties Borrower and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any To the Borrower's knowledge, any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Borrower or any Loan Party of its Subsidiaries or otherwise controlled and used or relied upon in the conduct of its their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of Holdings, the Borrower or any Loan Party of its Subsidiaries interface), and the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27September 30, 19991999 except for such failure to reprogram or test which would not reasonably be expected to have a Material Adverse Effect. The To the Borrower's knowledge, the costs to the Loan Parties Borrower and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties Borrower and its Subsidiaries are and, with ordinary course upgrading and maintenance, will are expected to continue during for the period prior to the Maturity Date term of this Agreement to be, sufficient for the conduct of their business as currently conducted, except for such insufficiencies as would not reasonably be expected to have a Material Adverse Effect." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows:

Year 2000 Matters. Any To the extent that the failure to do so ----------------- could reasonably be expected to result in a Material Adverse Effect, (a) any reprogramming required to permit the proper functioning (but only to the extent that such proper functioning would otherwise be impaired by the occurrence of the year 2000) in and following the year 2000 of computer Systems systems and other equipment containing embedded microchips, in either case owned or operated by the Company or any Loan Party of its Subsidiaries or used or relied upon in the conduct of its their business (including any such Systems systems and other equipment supplied by others or with which the computer systems of the Company or any Loan Party interfaceof its Subsidiaries interface and which are material to the conduct, in the ordinary course, of business of the Company or any Subsidiary), and (b) the testing of all such systems and other equipment as so reprogrammed, will be completed by February 27December 31, 1999. The costs to the Loan Parties Company and its Subsidiaries that have not been incurred (as of any the date on which this representation and warranty is made) hereof for such reprogramming and testing and for the other reasonably foreseeable consequences to them of any improper functioning of other computer systems and equipment containing embedded microchips due to the occurrence of the year 2000 could not reasonably be expected to result in a Default or Event of Default or to have a Material Adverse Effect. Except for any reprogramming referred to above, the computer systems of the Loan Parties Company and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue during for the period prior to the Maturity Date term of this Agreement to be, reasonably sufficient for the conduct of their business as currently conducted." 6. AMENDMENT OF SUBSECTION 5.2 (CONDITIONS TO EACH LOAN AND LETTER OF CREDIT). Subsection 5.2 of the Credit Agreement is hereby amended by adding immediately after clause (f) thereof a new clause (g) as follows: