of the Loan Agreement. Section 1.1 of the Loan Agreement is hereby amended as follows:
of the Loan Agreement. The Loan Agreement is hereby amended by adding the following as Section 4.5:
of the Loan Agreement. Effective as of the date hereof, Section 7.13 of the Loan Agreement is hereby amended and restated in its entirety as follows:
of the Loan Agreement. The Borrower likewise promises to pay interest on the outstanding principal balance of the Fourth Term Loan made by the Lender to the Borrower, at such interest rates, payable at such times, and computed in such manner, as are specified in the Loan Agreement in strict accordance with the terms thereof. This Note is issued pursuant to, and is the Fourth Term Loan Note referred to in the Amended and Restated Loan Agreement dated as of March 20, 1998, between the Borrower and the Lender (as the same may be amended or supplemented from time to time, the "Loan Agreement"), and the Lender is and shall be entitled to all benefits thereof and of all the other Credit Documents executed and delivered to the Lender in connection therewith. Terms defined in the Loan Agreement are used herein with the same meaning. The Loan Agreement, among other things, contains provisions for acceleration of the maturity hereof upon the happening of certain Events of Default, provisions relating to prepayments on account of principal hereof prior to the maturity hereof, and provisions for post-default interest rates. The Borrower agrees to make payments of principal and interest hereon on the dates and in the amounts specified in the Loan Agreement in strict accordance with the terms thereof. In case an Event of Default shall occur and be continuing, the principal and all accrued interest of this Note may automatically become, or may be declared, immediately due and payable in the manner and with the effect provided in the Loan Agreement. The Borrower agrees to pay, and save the Lender harmless against any liability for the payment of, all costs and expenses, including actual and reasonable attorneys' fees, arising in connection with the enforcement by the Lender of any of its rights or remedies under this Note or the Loan Agreement. This Note has been delivered in Atlanta, Georgia, and the rights and obligations of the Lender and the Borrower hereunder shall be construed in accordance with and governed by the laws of the State of Georgia (without giving effect to its conflicts of law rules). The Borrower expressly waives any presentment, demand, protest or notice in connection with this Note, whether now or hereafter required by applicable law. This Note is intended to be an instrument under seal.
of the Loan Agreement. Section 8.16 of the ----------------------------------------------- Loan Agreement is hereby deleted in its entirety and the following new Section 8.16 is hereby substituted in lieu thereof:
of the Loan Agreement. Subsection 6.3 of the Loan Agreement is hereby deleted in its entirety and the following substituted therefor:
of the Loan Agreement. Section 8.11 of the Loan Agreement is restated in its entirety to read as follows:
of the Loan Agreement. Section 10.6 of the ----------------------------------------------- Loan Agreement is hereby amended by:
of the Loan Agreement. Section 9.5 of the Loan Agreement is hereby amended by deleting Section 9.5 in its entirety and substituting the following new Section 9.5 in lieu thereof:
of the Loan Agreement. Nothing herein shall limit the right of Agent or any Lender to bring proceedings against any Obligor in any other court, nor limit the right of any party to serve process in any other manner permitted by Applicable Law. Nothing in this Amendment shall be deemed to preclude enforcement by Agent of any judgment or order obtained in any forum or jurisdiction.
