Section 2.01(b). Section 2.01(b) of the Agreement is hereby amended to read as follows:
Section 2.01(b). (i) of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Section 2.01(b). Section 2.01(b) is hereby amended by adding the following sentence at the end of such section: “The requirements above in subsections (iv) and (v) relating to Swaps shall not apply to the Short Haul Barrels; provided that if (A) any Batch of Short Haul Barrels are delayed such that delivery of any such Batch occurs later than the originally scheduled Off-take Month and (B) no Swap has been entered into for the originally scheduled Off-take Month, then Seller may, after notification to Purchaser, on the 5th Business Day after the end of the originally scheduled Off-take Month, proceed to execute one or more Swaps in respect of such Batch in an amount equal to 100% of the quantity set forth in the applicable Deal Sheet. The resulting gain or loss from these Swaps will be invoiced to the Purchaser consistent with other Swap activity in this agreement.”
Section 2.01(b). Section 2.01(b) is hereby amended by deleting the phrase “[to be reviewed by tax counsel]" from the end thereof.
Section 2.01(b). Section 2.01(b) is hereby deleted in its entirety and replaced with the following:
