Amendment to Section 3.11. Section 3.11 of the Credit Agreement shall be and it hereby is amended by amending and restating the first sentence of such section to read as follows: “The Borrowers will use the proceeds of the Revolving Facility Loans, Euro Revolving Facility Loans and Swingline Loans, and may request the issuance of Letters of Credit, solely for general corporate purposes of the Borrowers and their Subsidiaries in the ordinary course of business.”
Amendment to Section 3.11. Section 3.1.1 of the SERP is hereby amended and restated to read in its entirety as follows:
Amendment to Section 3.11. Section 3.11 of the Credit Agreement is hereby amended and restated as follows: No authorization, consent, license, or exemption from, or filing or registration with, any court or governmental department, agency or instrumentality, nor any approval or consent of the members or stockholders of HAI, the Borrower or any other Person (other than the board of directors of HAI and the managers of the Borrower, which approval and consent have been obtained), is or will be necessary to the valid execution, delivery or performance by the Borrower and HAI of this Credit Agreement or any other Credit Document.
Amendment to Section 3.11. Section 3.1.1(a) of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 3.11. Section 3.1.1 of the Credit Agreement is hereby amended by deleting the number “8.77%” and substituting “11.27%” in its stead.
Amendment to Section 3.11. Section 3.11 of the Credit Agreement is hereby amended by adding the following: The Borrower will not, directly or indirectly, use the proceeds of the Loans or use the Letters of Credit, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq. (and any foreign counterpart thereto) or any other applicable anti-corruption law, or (ii) (A) except as expressly permitted by applicable Requirements of Law, to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or (B) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Loans or Letters of Credit, whether as Administrative Agent, Arranger, Issuing Lender, Lender, underwriter, advisor, investor, or otherwise).
Amendment to Section 3.11. Section 3.11 of the Credit Agreement is hereby amended by deleting the words “and Holdings” each time such words appear in such Section.
Amendment to Section 3.11. Section 3.1.1 of the Agreement is hereby amended and restated in its entirety to read as follows: “The “Due Diligence Period” shall mean the period beginning on the Effective Date and ending at 5:00p.m. Pacific Time on January 13, 2009.”
