Amendment to Section 6.4(a). Section 6.4(a) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 6.4(a). Section 6.4(a) of the Agreement is hereby deleted and replaced in its entirety with the following language:
Amendment to Section 6.4(a). The first paragraph of Section 6.4(a) of the Pooling and Servicing Agreement is hereby replaced in its entirety by the following: The Trustee shall cause to be kept at the office or agency to be maintained in accordance with the provisions of Section 11.16 a register (the “Certificate Register”) in which, subject to such reasonable regulations as it may prescribe, a transfer agent and registrar (which may be the Trustee) (“Transfer Agent and Registrar”) shall provide for the registration of the Registered Certificates and the Transferor Certificate and of transfers and exchanges of the Registered Certificates and the Transferor Certificate as herein provided. The Transfer Agent and Registrar shall initially be Xxxxx Fargo Bank, National Association, and any co-transfer agent and co-registrar chosen by the Transferor and acceptable to the Trustee, including, if and so long as any Series or Class is listed on the Luxembourg Stock Exchange and such exchange shall so require, a co-transfer agent and co-registrar in Luxembourg. So long as any Investor Certificates are outstanding, the Transferor shall maintain a co-transfer agent and co-registrar in New York City. Any reference in this Agreement to the Transfer Agent and Registrar shall include any co-transfer agent and co-registrar unless the context requires otherwise.
Amendment to Section 6.4(a). Section 6.4(a) is hereby amended by adding a subsection (xiv) thereto to read as follows:
Amendment to Section 6.4(a). Section 6.4(a) of the Credit Agreement is hereby amended by adding the following new clause (xi) to the end of such subsection and making the appropriate punctuation and grammatical changes thereto as follows:
Amendment to Section 6.4(a). Section 6.4(a) of the Merger Agreement is hereby amended by adding after the reference to “Superior Proposal” at the end of clause (i) in the proviso the following: (for the avoidance of doubt, such Acquisition Proposal must, if consummated, be more favorable to the Company’s shareholders from a financial point of view than the transactions contemplated by this Agreement)
