Amendment to Section 9.5. Section 9.5 of the Credit Agreement is amended by amending and restating clauses (a), (b) and (c) of such section as follows:
Amendment to Section 9.5. Section 9.5(g) of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Section 9.5. Section 9.5 of the Business Combination Agreement is hereby amended by adding the following as a new clause (vi):
Amendment to Section 9.5. Section 9.5 of the Agreement is hereby amended such that in each instance where the Agreement requires or permits the principal or any other part of the Note to be reduced by an amount, the Agreement shall instead be deemed to require that such amount be paid immediately by Seller to Buyer in cash.
Amendment to Section 9.5. Section 9.5(i) is hereby amended and restated in its entirety as follows:
Amendment to Section 9.5. Section 9.5 of the Agreement is hereby amended and restated to read as follows:
Amendment to Section 9.5. Section 9.5 of the Note Purchase Agreement is hereby amended and restated its entirety as follows:
Amendment to Section 9.5. Section 9.5 of the Guaranty shall be amended by deleting the last sentence thereof in its entirety and inserting in lieu thereof the following new sentence: “Further, the Guarantor shall provide to the Administrative Agent a copy of any proposed amendment or modification of the terms and conditions applicable to any of the Senior Notes or the Senior Notes Indentures and any proposed termination of or amendment or modification to the Convertible Notes Hedge Transactions or the New Convertible Notes Hedge Transactions, in each case not less than three (3) Cleveland Banking Days in advance of entering into the same, whether or not the Guarantor believes that the consent of the Required Banks is needed therefor pursuant to Section 9.10(h)(iii) or (ix) hereof; provided, that, with respect to any proposed termination of or amendment or modification to the Convertible Notes Hedge Transactions or the New Convertible Notes Hedge Transactions that does not require the consent of the Required Banks as a result of the proviso contained in Section 9.10(h)(ix) hereof, the Guarantor shall only be required to provide to the Administrative Agent a copy of such proposed termination of or amendment or modification in advance of entering into the same.”
Amendment to Section 9.5. Section 9.5 of the Credit Agreement is hereby by deleting the reference to“$3,000,000” in clause (d) thereof and replacing such reference with “$4,500,000”.
Amendment to Section 9.5. Section 9.5 of the Credit Agreement is hereby amended by deleting the date “September 30, 2006” and inserting the date “March 31, 2009”.
