AMENDMENT NO. 1 TO THE AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 28th, 2011 • Aquilex Holdings LLC • Services-miscellaneous repair services • New York
; provided, that, subsequent changes in the Applicable Rate in respect of Revolving Credit Loans resulting from a change in the Total Leverage Ratio shall become effective as to all Revolving Credit Loans then outstanding three (3) Business Days after delivery by the Borrower to the Administrative Agent of a new Compliance Certificate pursuant to Section 6.02(a). Notwithstanding anything to the contrary set forth in this Agreement (including the then effective Total Leverage Ratio), if the Borrower shall fail to deliver such Compliance Certificate in accordance with Section 6.02(a) within the time period required by (i) Section 6.01(a) for each Fiscal Year, (ii) Section 6.01(b) for the first three fiscal quarters of each Fiscal Year or (iii) if applicable, Section 6.01(c) for each month, then the Applicable Rate in respect of Revolving Credit Loans from and including the 49th day after the end of such fiscal quarter, the 124th day after the end of such Fiscal Year or, if applicable, th
FORM OF CONSENTConsent Agreement • February 28th, 2011 • Aquilex Holdings LLC • Services-miscellaneous repair services
The undersigned, AQUILEX ACQUISITION SUB III, LLC, AQUILEX CORPORATION, AQUILEX HYDROCHEM, INC., AQUILEX HYDROCHEM INDUSTRIAL CLEANING, INC., AQUILEX SMS, INC., AQUILEX WSI, INC., AQUILEX FINANCE CORP. and AQUILEX SPECIALTY REPAIR AND OVERHAUL, INC., as Guarantors under the Credit Agreement referred to in the foregoing Amendment, hereby consent to such Amendment and hereby confirm and agree that (a) notwithstanding the effectiveness of such Amendment, the Credit Agreement and Guaranty are, and shall continue to be, in full force and effect and are hereby ratified and confirmed in all respects, except that, on and after the effectiveness of such Amendment, each reference in the Credit Agreement and Guaranty to the “Credit Agreement”, “thereunder”, “thereof” or words of like import shall mean and be a reference to the Credit Agreement, as amended by such Amendment, and (b) the Collateral Documents to which such Grantor is a party and all of the Collateral described therein do, and shall
