Amendments to Section 1.1. Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions, in proper alphabetical order, as follows:
Amendments to Section 1.1. Section 1.1 of the Existing Credit Agreement is amended as follows:
(a) The definition of “Agreement” is amended and restated in its entirety to read as follows:
Amendments to Section 1.1. Section 1.1 of the Loan Agreement is amended by amending and restating each of the following definitions in their entirety to read as follows:
Amendments to Section 1.1. Section 1.1 of the Stock Pledge Agreement is hereby amended by: (a) amending and restating the defined terms “First Lien Secured Notes” and “First Priority Supplemental Indentures” in their entirety, and by adding the defined term “Fourteenth Amendment” in each case as set forth below (all other defined terms contained therein remain unchanged and to the extent that definitions contained in this Section 2 conflict with definitions contained in the Stock Pledge Agreement, the definitions contained in this Section 2 shall control):
Amendments to Section 1.1. (a) Section 11.5 of the Lease is hereby amended to delete all references therein to the Original Loan Participant.
(b) Section 11.6 of the Lease is hereby amended to be and read in its entirety as follows:
Amendments to Section 1.1. (a) The following new definition is added to Section 1.1 of the Existing Loan Agreement in the appropriate alphabetical order:
Amendments to Section 1.1. (a) The definition of “Eligible Billed Accounts” is hereby amended by deleting subsection (i) in its entirety and inserting the following new subsection (i) in replacement thereof:
Amendments to Section 1.1. Section 1.1 of the Existing Credit Agreement is hereby amended as follows:
(a) by amending and restating the definition of “Applicable Margin” to read as follows:
Amendments to Section 1.1. Section 11 of the Credit Agreement ------------------------ shall be amended as follows:
(i) Section 11.11 shall be amended by deleting the section in its entirety and adding a new Section 11.11 to read as follows:
Amendments to Section 1.1. Section 11 of the Original Option Agreement, INDEMNIFICATION, is hereby amended as follows:
(a) Section 11.2, Indemnification, is hereby amended by (1) adding the word “or” immediately prior to clause (ii) of Section 11.2(b), and (2) by deleting the phrase “or (iii) any Assumed Indebtedness” from the end of Section 11.2(b).
(b) Section 11.2(c) is hereby deleted in its entirety and the following new Section 11.2(c) is substituted in lieu thereof:
(c) Notwithstanding anything herein to the contrary, other than with respect to any Excluded Liability, (i) no indemnification shall be available to any Buyer Indemnified Party under Section 11.2(a) if the Damages to which the Buyer Indemnified Parties would otherwise be entitled to indemnification with respect to any single breach or inaccuracy are less than $100,000; and (ii) no indemnification shall be available to any Buyer Indemnified Party under Section 11.2(a) unless and until the aggregate amount of the Damages for which the Buyer Indemnified Parties (as applicable) seek indemnification (excluding Damages not available as a result of clause (i) above) exceeds a one-time deductible amount of $1,000,000 (the “Deductible Amount”), in which case the relevant Buyer Indemnified Parties entitled to such indemnification shall be entitled to recover all such Damages to which such Buyer Indemnified Parties are entitled in excess of such Damages constituting the Deductible Amount. Notwithstanding anything herein to the contrary, (A) no indemnification shall be available to any Seller Indemnified Party under Section 11.2(b) if the Damages to which the Seller Indemnified Parties would otherwise be entitled to indemnification with respect to any single breach or inaccuracy are less than $100,000, and (B) no indemnification shall be available to any Seller Indemnified Parties under Section 11.2(b) unless and until the aggregate amount of the Damages for which the Seller Indemnified Parties (as applicable) seek indemnification (excluding Damages not available as a result of Section 11.2(c)(i) exceeds the one time Deductible Amount, in which case the relevant Seller Indemnified Parties entitled to such indemnification shall be entitled to recover such Damages to which such Seller Indemnified Parties are entitled in excess of such Damages constituting the Deductible Amount. The obligations of Sellers pursuant to the indemnification provisions set forth in this Section 11.2, and recourse against the Sellers pursuant to this S...
