Amendments to Section 2.14. A. Section 2.14(d) of the Credit Agreement is amended by adding the following sentence to the end thereof: “Notwithstanding the foregoing sentence, subject to Section 2.15(c), in the event that there shall be Consolidated Excess Cash Flow for the Fiscal Year ending December 31, 2009, Borrower shall, no later than ninety-five days after the end of such Fiscal Year (and in lieu of any payment otherwise required under the foregoing sentence with respect to such Fiscal Year), prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to (i) 50% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans made from operating cash flow (excluding repayments of Revolving Loans or Swing Line Loans except to the extent the Revolving Commitments are permanently reduced in connection with such repayments) minus (iii) the amount of Term Loans prepaid pursuant to Section 2.14(g).”
Amendments to Section 2.14. Section 2.14(c) of the Credit Agreement is hereby amended by replacing the phrase “the date that is six (6) months after the Second Amendment Effective Date (provided that the reduction in the interest rate as implemented by the Second Amendment shall not be considered a Repricing Transaction)” therein with the phrase “the date that is six (6) months after the Third Amendment Effective Date (provided that the reduction in the interest rate as implemented by the Third Amendment shall not be considered a Repricing Transaction)” in each of such places it appears in such Section (such amendment, along with the Amendments in Sections 1.1(A) and Sections 1.1(B) above, the “Repricing Amendments”).
Amendments to Section 2.14. A. Section 2.14(d) of the Credit Agreement is amended by adding the following sentence to the end thereof: “Notwithstanding the foregoing sentence, subject to Section 2.15(b), in the event that there shall be Consolidated Excess Cash Flow for the Fiscal Year ending December 31, 2009, Borrower shall, no later than ninety-five days after the end of such Fiscal Year (and in lieu of any payment otherwise required under the foregoing sentence with respect to such Fiscal Year), prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to (i) 50% of such Consolidated Excess Cash Flow minus (ii) voluntary prepayments of the Loans and voluntary repayments of the Loans (as defined in the First Lien Credit Agreement) made from operating cash flow (excluding repayments of Revolving Loans or Swing Line Loans (each as defined in the First Lien Credit Agreement) except to the extent the Revolving Commitments (as defined in the First Lien Credit Agreement) are permanently reduced in connection with such repayments) minus (iii) the amount of Term Loans (as defined in the First Lien Credit Agreement) prepaid pursuant to Section 2.14(g) of the First Lien Credit Agreement.”
Amendments to Section 2.14. On the Amendment Effective Date, Section 2.14(b) of the Existing Credit Agreement shall be amended by deleting the text in clause (b) in its entirety and replacing it with the following: The proceeds of the Revolving Credit Loans and issuances of Revolving Letters of Credit shall be available (and the Borrower agrees that it shall use such proceeds) solely (i) on the Effective Date, (A) to refinance the Existing First Lien Credit Agreement, (B) to provide working capital for the Loan Parties, (C) to provide credit support in respect of such working capital needs and (D) for the Loan Parties’ other general corporate purposes and (ii) from and after the Amendment Effective Date, (A) to pay costs and expenses of the Restructuring (as defined in the Restructuring Support Agreement) consistent with the Budget (as defined in the Restructuring Support Agreement), and subject to any variance permitted with respect thereto, including, for the avoidance of doubt, professionals’ fees associated with the Restructuring, (B) to provide working capital for the Loan Parties reasonably required by the Loan Parties to pay O&M Costs and satisfy Contractual Obligations then due and payable or in good faith reasonably anticipated to be due and payable during the next Funding Period (as defined in the Security Deposit Agreement) beginning on the relevant Funding Date (as defined in the Security Deposit Agreement), (C) to provide credit support required by counterparties to the Loan Parties’ Contractual Obligations, and
Amendments to Section 2.14. Section 2.14(e) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendments to Section 2.14. Section 2.14(c) of the Credit Agreement is hereby amended by replacing the phrase “the first anniversary of the Funding Date” therein with the phrase “the date that is six (6) months after the First Amendment Effective Date (provided that the reduction in the interest rate as implemented by the First Amendment shall not be considered a Repricing Transaction)” in each of such places it appears in such Section.
