Common use of Section 416 Clause in Contracts

Section 416. The second sentence of Section 4.16 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: “The proceeds of the Delayed Draw Term Loans shall be used solely to refinance the 2014 Convertible Unsecured Notes contemporaneously with (or within five (5) Business Days thereafter) the repayment, purchase or redemption thereof by the Loan Parties and to pay related fees and expenses; provided that up to 50% of the aggregate Delayed Draw Term Commitments (i.e., up to $21,750,000) may be used to reimburse, on a dollar for dollar basis, the Loan Parties for prior cash repayments, purchases or redemptions of the 2014 Convertible Unsecured Notes made by the Loan Parties after Closing Date pursuant to Section 7.6(i) that were not contemporaneously (or within five (5) Business Days) refinanced with the proceeds of the Delayed Draw Term Loans and not otherwise previously refinanced with the proceeds of the Delayed Draw Term Loans, and to pay related fees and expenses.”

Section 416. The second sentence of Section 4.16 of the Credit Agreement is hereby amended and restated in its entirety to read as follows: “The proceeds of the 2014 Note Refinancing Delayed Draw Term Loans shall be used solely to refinance the 2014 Convertible Unsecured Notes contemporaneously with (or within five (5) Business Days thereafter) the repayment, purchase or redemption thereof by the Loan Parties and to pay related fees and expenses; provided that up to 50% . The proceeds of the aggregate Reimbursement Delayed Draw Term Commitments (i.e., up to $21,750,000) may Loans shall be used solely to reimburse, on a dollar for dollar basis, the Loan Parties for prior cash repayments, purchases or redemptions of the 2014 Convertible Unsecured Notes made by the Loan Parties after Closing Date pursuant to Section 7.6(i) that were not contemporaneously (or within five (5) Business Days) refinanced with the proceeds of the 2014 Note Refinancing Delayed Draw Term Loans and not otherwise previously refinanced with the proceeds of the Reimbursement Delayed Draw Term Loans, and to pay related fees and expenses.”