Intentionally Omitted Clause Samples

Intentionally Omitted. 4 SECTION 3.3

Intentionally Omitted. 42 Section 12.7

Intentionally Omitted. See Section 7.03 of the Credit Agreement for these provisions.]

Intentionally Omitted. Notwithstanding anything to the contrary contained in this Section 5.1.17, to the extent Lender’s prior written approval is required pursuant to the provisions of this Section 5.1.17, Lender shall, with respect to such proposed Leases, Lease Term Sheets and/or renewals, modifications, amendments or terminations of, or waivers with respect to, existing Leases, have ten (10) Business Days (fifteen (15) Business Days for any termination, rent reduction, space surrender or term shortening request) from receipt of such written request in which to approve or disapprove such Lease or other documentation, provided such written request to Lender for approval is marked in bold lettering with the following language: “LENDER’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS (FIFTEEN (15) BUSINESS DAYS FOR ANY TERMINATION, RENT REDUCTION, SPACE SURRENDER OR TERM SHORTENING REQUEST) OF RECEIPT OF THIS NOTICE (THE “APPROVAL PERIOD”) PURSUANT TO THE TERMS OF A LOAN AGREEMENT BETWEEN THE UNDERSIGNED AND LENDER; PROVIDED, HOWEVER, THAT LENDER SHALL HAVE THE RIGHT TO A FIVE (5) DAY EXTENSION OF THE APPROVAL PERIOD UPON NOTICE TO BORROWER” and the envelope containing the request must be marked “PRIORITY”. In the event Lender fails to respond to the proposed Lease, Lease Term Sheet and/or renewal, modification, amendment or termination of, or waiver with respect to, an existing Lease within such time, Lender’s approval shall be deemed given. The reasonable out-of-pocket attorneys’ fees incurred by Lender in connection with any such proposed Lease, Lease Term Sheet and/or renewal, modification, amendment or termination of, or waiver with respect to, an existing Lease shall be payable by Borrower to Lender within ten (10) Business Days after Lender’s written request therefor.

Intentionally Omitted. Section 9.6.

Intentionally Omitted. 15 SECTION 7.3

Intentionally Omitted. If, except as expressly provided herein, any Lender shall, by exercising any right of set-off or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Revolving Loans or participations in LC Disbursements or Swingline Loans resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Revolving Loans and participations in LC Disbursements and Swingline Loans and accrued interest thereon than the proportion received by any other similarly situated Lender, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Revolving Loans and participations in LC Disbursements and Swingline Loans of other Lenders to the extent necessary so that the benefit of all such payments shall be shared by all such Lenders ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Revolving Loans and participations in LC Disbursements and Swingline Loans; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or participations in LC Disbursements and Swingline Loans to any assignee or participant, other than to the Borrower or any Subsidiary or Affiliate thereof unless consented to by the Required Lenders (as to which the provisions of this paragraph shall apply). The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation.

Intentionally Omitted. Section 18.35.

Intentionally Omitted. SECTION 2.06.