Amendment to Section 10.01. There shall be added to the end of Section 10.01 of the Indenture the following sentence: PIK Interest shall be considered paid on the date due if the Trustee is directed on or prior to such date to issue PIK Notes or increase the principal amount of the Global Note, in each case, in an amount equal to the amount of applicable PIK Interest.
Amendment to Section 10.01. Section 10.01 is hereby amended by replacing the phrase “the Borrower or any of its Subsidiaries”, the phrase “the Borrower, any of its Subsidiaries” and the phrase “the Borrower and its Subsidiaries” with the phrase “the Borrower or any of its Subsidiaries or any Guarantor”.
Amendment to Section 10.01. Section 10.01 is hereby amended as follows:
Amendment to Section 10.01. Section 10.01(g) is hereby amended by inserting in line 1 thereof after the phrase “any event or condition” the phrase “(other than customary change of control or asset sale tender offer provisions of the Senior Notes Indenture which would require a mandatory prepayment or redemption of the Debt arising thereunder)”.
Amendment to Section 10.01. The preamble to Section 10.01 shall be amended to read in its entirety as follows:
Amendment to Section 10.01. Section 10.01 of the Original Credit Agreement is hereby amended and restated to read as follows:
Amendment to Section 10.01. Section 10.01 is hereby amended by adding the following at the end of such Section:
Amendment to Section 10.01. Section 10.01 of the Purchase Agreement is hereby amended by deleting the same and substituting the following in lieu thereof: “Except as provided pursuant to the Transition Services Agreement, it is expressly understood and agreed that neither Seller nor any of its Affiliates shall be obligated to continue operating any of the Assets upon and after the Closing and Buyer hereby assumes full responsibility for operating (or causing the operation of) all Assets upon and after the Closing. On or before 30 days prior to the expiration of the Transition Period, Seller shall deliver, on forms reasonably acceptable to Buyer, transfer orders or letters in lieu thereof directing all purchasers of production to make payment to Buyer of proceeds attributable to production from the Assets from and after the Effective Time, for delivery by Buyer to the purchasers of production.”
Amendment to Section 10.01. Section 10.01 is replaced in its entirety with the following: “No representations, warranties, agreements or covenants contained in this Agreement shall survive the Effective Time other than this Section 10.01 and any other agreements or covenants contained herein that by their express terms are to be performed after the Effective Time, including, without limitation, Section 6.09 and Section 6.24 of this Agreement.
Amendment to Section 10.01. Section 10.01(g) of the Credit Agreement is amended by inserting the following words “or, from and after the AXIS Specialty Holdings Guarantee Date, AXIS Specialty Holdings” immediately following the words “AXIS Finance”.
