Amendment to Section 5.16. That portion of Section 5.16 of the Credit Agreement starting with subsection (e) and continuing through the end of Section 5.16 is amended and restated to read in its entirety as follows:
Amendment to Section 5.16. Section 5.16 of the Agreement is hereby amended and replaced by the following:
Amendment to Section 5.16. Section 5.16 of the Agreement shall be, and hereby is, deleted in its entirety and replaced with the following:
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is hereby deleted in its entirety and restated as follows:
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is hereby amended by deleting it in its entirety and replacing it with the following new Section 5.16:
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is hereby amended by inserting the following sentence at the end thereof: "The proceeds of the Term B-1 Loans shall be used to prepay in full the Term Loans outstanding on the Term B-1 Closing Date."
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is amended by deleting the word "and" in Paragraph (f) thereof and adding after Paragraph (f) thereof the following Paragraph:
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is hereby amended by deleting all references to the text “October 31, 2003” therein and substituting the text “October 31, 2004” for all such references.
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is hereby amended by adding immediately at the end thereof the sentence “The proceeds of the Tranche D Term Loans shall be used to prepay the Tranche C Term Loans outstanding on the Tranche D Closing Date and to finance the Rose Acquisition and to pay related fees and expenses.”
Amendment to Section 5.16. Section 5.16 of the Credit Agreement is hereby amended, effective as of the Amendment Effective Date, by (a) deleting the period located at the end of clause (viii) of the proviso and substituting in lieu thereof a semicolon (;) and (b) adding to the end thereof a new paragraph immediately following clause (viii) of the proviso of Section 5.16 to read as follows: “provided further, however, that clause (a) above shall not apply to any indenture, purchase agreement or other similar agreement entered into by the Borrower which governs or evidences any unsecured bonds issued by the Borrower which bonds would upon issuance constitute Indebtedness which is otherwise permitted under this Agreement, but only if and to the extent that any term or provision contained in any such indenture, purchase agreement or other similar agreement that would otherwise be prohibited by clause (a) above expressly permits the Borrower and any of its Subsidiaries to create, incur, assume and permit to exist at any time and from time to time all of the following: (i) any Liens on any of its or their respective assets or properties which secure payment of the Loans and any other obligations of the Borrower and any of its Subsidiaries under the Loan Documents (provided that any such indenture, purchase agreement or other similar agreement may provide that any such Lien created after the date of such indenture, purchase agreement or other agreement will equally and ratably secure payment of the Indebtedness of the Borrower under such indenture, purchase agreement or other similar agreement), (ii) any Liens on any of its or their respective assets or properties which are expressly permitted under Section 5.13, with no limitations or restrictions on the creation, incurrence, assumption, existence or type of such Liens, the type or amount of Indebtedness, liabilities or obligations secured by such Liens, or on the types of assets and properties actually or potentially subject to such Liens, that are more limiting or restrictive than any such limitations or restrictions which are contained in this Agreement, and (iii) any other Liens on any of its or their respective assets or properties which secure any Indebtedness, liabilities and obligations of the Borrower or any of its Subsidiaries in an aggregate amount which may at any time be up to at least fifteen percent (15%) of the consolidated net tangible assets (determined in a manner which is customary for unsecured bond transactions) of t...
