Amendment to Section 7.13. Section 7.13(b) of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended by (i) deleting the word “non-possessory” in the last line thereof and (ii) inserting “to the extent the same have not become possessory” at the end thereof.
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended by changing “Ninth Amendment Effective Date” to “Eleventh Amendment Effective Date”.
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended by deleting the phrase “Tontine Subordinated Debt” therein and replacing it with “Seller Subordinated Debt” in lieu thereof.
Amendment to Section 7.13. Section 7.13 of the Loan Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended and restated in full with the following: “Cash Management. Each of Holdings, the Borrower and the other Loan Parties will maintain a current and complete list of all accounts (of the type initially set forth on Schedule 6.22) and, subject to Section 7.17 (or, with respect to any accounts opened or established after the Funding Date, upon such opening or establishment), enter into such documentation (including, if applicable, a Control Agreement) or take such other actions as may be necessary to cause such accounts (other than (i) accounts exclusively used for payroll, payroll Taxes and other employee wage and benefit programs for the benefit of the employees of Holdings, the Borrower or a Subsidiary in the ordinary course of business, (ii) any deposit account the funds in which are in trust for any third parties or any other trust accounts, escrow accounts, defeasance and redemption accounts and other fiduciary accounts, (iii) tax accounts, including without limitation, sales tax accounts, and (iv) any other accounts the aggregate balance held on deposit in all such accounts at anytime shall not exceed €3,000,000 (collectively, the “Excluded Accounts”)) to become Controlled Accounts, and thereafter maintain each such Controlled Account as a cash collateral account (which may be an interest-bearing account), with all cash, checks and other similar items of payment in such account securing payment of the Obligations (and in which Holdings, the Borrower and the other Loan Parties shall have granted a Lien to the Secured Parties).”
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended by adding the following paragraph to the end of such Section to read as follows: To the extent otherwise permitted hereunder, if any Credit Party acquires a fee ownership interest in any real property (“Real Estate”) after the Closing Date, it shall provide to the Agent promptly (i) such security documentation as the Agent may request to cause such Real Estate to be subject at all times to a first priority, perfected Lien (subject in each case to Permitted Liens) in favor of the Agent and (ii) such other documentation as the Agent may reasonably request in connection with the foregoing, including, without limitation, title insurance policies, surveys, appraisals, environmental reports and opinions of counsel, all in form and substance reasonably satisfactory to the Agent.
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended by (i) replacing the text “clauses (c) and (d) below” in clause (i) of paragraph (a) of such Section with the text “clauses (c), (d) and (e) below” and (ii) adding a new paragraph (e) as follows:
Amendment to Section 7.13. Section 7.13 of the Credit Agreement is hereby amended to add the following sentence to the end thereof to read as follows: The Borrower will not request any Loan, and the Borrower shall not use, and shall ensure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Loan, directly or indirectly, (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 any Anti-Corruption Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (iii) in any manner that would result in the violation of any Sanctions applicable to any party hereto.
