AMENDMENT NO. 2 AND CONSENT to that certain SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • August 24th, 2010 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
Any increase or decrease in the Applicable Margin resulting from a change in the ratio of Consolidated Funded Debt to Consolidated Tangible Net Worth shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 8.4(d); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then, upon the request of the Required Lenders, Level I shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is delivered. The Applicable Margin in effect from the Second Amendment Effective Date through the period ending prior to the concurrent delivery of the Compliance Certificate (pursuant to Section 8.4(d)) with the financial statements to be delivered pursuant to Section 8.4(a) shall be set at no lower than Level II.
