Amendment of Section 1.1. Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate locations according to alphabetical order, or by amending and restating existing definitions to read as indicated, as applicable:
Amendment of Section 1.1. Section 11 of the Note Agreement is amended to include the following clause (k):
Amendment of Section 1.1. Section 1.1 of the Agreement is hereby amended and restated to read in full as follows:
Amendment of Section 1.1. 10. Section 11.10(a) of the Pooling and Servicing Agreement is hereby amended by deleting the first sentence thereof in its entirety and inserting in its place the following: Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust may at the time be located, the Trustee shall have the power and may execute and deliver all instruments, subject to the prior written consent of the Seller, to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the Certificateholders, such title to the Trust, or any part thereof, and, subject to the other provisions of this Section 11.10, such powers, duties, obligations, rights and trusts as the Trustee may consider necessary or desirable; provided, however, that the Trustee shall exercise due care in the appointment of any co-trustee.
Amendment of Section 1.1. Section 1.1 of the Credit Agreement is hereby amended by amending the following definitions:
Amendment of Section 1.1. 16. Section 11.16 of the Agreement is hereby amended to read as follows:
Amendment of Section 1.1. Section 1.1 of this Credit Agreement is amended by deleting the definitions of “Excluded Swap Obligations”, “Loan Documents”, “Permitted Unsecured Indebtedness”, “Swing Line Loan Commitment Amount” and “Total Debt” and replacing them in their entirety with the following:
Amendment of Section 1.1. Section 1.1 of this Credit Agreement is amended by deleting the definitions of “Applicable Commitment Fee Margin”, “Applicable Margin”, “Current Ratio”, “EBITDA”, “Maximum Facility Amount”, “Net Income”, “Prepayment Conditions” “Refinance, Refinancing or Refinanced”, “Secured Debt” and “Stated Maturity Date” and replacing them in their entirety with the following:
Amendment of Section 1.1. Section 1.1 of the Credit Agreement is hereby amended by adding the words “or under a Permitted Secured Debt Document” after the words “Loan Document” in clauses (b) and (c) of the definition of “Change in Control”.
Amendment of Section 1.1. Section 1.1 of the Credit Agreement is amended by deleting the definitions of “Interest Coverage Ratio” and “Total Leverage Ratio.”
