Amendment to Section 5.13. Section 5.13 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 5.13. Section 5.13 of the Credit Agreement is hereby amended by deleting the Section and inserting in lieu thereof the following new Section:
Amendment to Section 5.13. Section 5.13 of the Credit Agreement is hereby amended as of the Effective Date by amending and restating such section in its entirety as follows:
Amendment to Section 5.13. Section 5.13 of the Credit Agreement is hereby amended by deleting the words “Restatement Date” therefrom and inserting in place thereof the words “Amendment No. 2 Effective Date.”
Amendment to Section 5.13. Section 5.13(a) of the Credit Agreement shall be amended by adding the following sentence at the end thereof: “For the avoidance of doubt, the maintenance by a Permitted Holder or one or more Affiliates of a Permitted Holder of insurance policies on behalf of Parent, Borrower and the other Restricted Subsidiaries shall constitute compliance with this Section 5.13(a) if such policies otherwise satisfy the requirements specified in this Section 5.13(a).”
Amendment to Section 5.13. Section 5.13 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: “Unless the Second Lien Loan Obligations are prepaid in accordance with Section 6.3(b)(vi), no later than August 7, 2008 the Second Lien Loan Obligations shall be refinanced or the terms and provisions of the Second Lien Loan Documents shall be amended, in each case on terms and conditions satisfactory to Agent in its sole discretion, so that the Indebtedness refinancing the Second Lien Loan Obligations or the Indebtedness evidenced by the amended Second Lien Loan Documents, as the case may be, matures no earlier than 90 days after the fifth anniversary of the Closing Date, does not have the effect of increasing or decreasing the principal amount thereof and that is otherwise on terms and conditions no less favorable to Agent or any Lender than the terms of the existing Second Lien Loan Documents and Intercreditor Agreement.”
Amendment to Section 5.13. Section 5.13(a) of the Continuing Covenant Agreement shall be amended by adding the following sentence at the end thereof: “For the avoidance of doubt, the maintenance by a Permitted Holder or one or more Affiliates of a Permitted Holder of insurance policies on behalf of Parent, Obligor and the other Restricted Subsidiaries shall constitute compliance with this Section 5.13(a) if such policies otherwise satisfy the requirements specified in this Section 5.13(a).”
Amendment to Section 5.13. Section 5.13 of the Credit Agreement is hereby amended to delete subpart (f) therefrom and replace it with the following:
Amendment to Section 5.13. Section 5.13 is hereby deleted in its entirety and replaced with the following: “[INTENTIONALLY OMITTED]”.
Amendment to Section 5.13. Section 5.13 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
