Common use of Section 6.01(b) Clause in Contracts

Section 6.01(b). Section 6.01(b) of the Term Loan Agreement is amended by deleting the period and adding a new clause at the end thereof after the word “footnotes” to read as follows: “and to adjustments or restatements arising out of or related to the Misappropriation Transaction; provided subject to the final proviso of this Section delivery of the unaudited balance sheet, statement of income and cash flows of the MLP and its Subsidiaries for the fiscal quarter ending September 30, 2008 may be delayed and not delivered to the Administrative Agent until the first to occur of (i) thirty (30) days after the date of delivery to the special committee of the Borrower’s governing board of a final report detailing the results of the internal investigation and forensic accounting investigation conducted by Xxxxxxx Xxxxx LLP and FTI Consulting into the Misappropriation Transaction which report may contain any recommended remedial measures the Borrower should undertake or advise that prior financial statements should be restated; provided, however, if restated financial statements are prepared as a result of the Misappropriation Transaction, then the Borrower shall deliver to the Administrative Agent its unaudited stand alone balance sheet, statement of income and cash flows of the Borrower for the fiscal quarter ending September 30, 2008 within ten (10) days after such restated financial statements are completed and (ii) June 30, 2009; provided further, notwithstanding the foregoing, as soon as available but in any event within 45 days after the end of each of the first three fiscal quarters of each fiscal year of the MLP, the Borrower shall deliver to the Administrative Agent, in form and detail reasonably satisfactory to the Administrative Agent and all the Lenders, unaudited preliminary internally generated consolidated balance sheets, statements of income and cash flows of the MLP and its Subsidiaries as of such quarter end, which preliminary internally generated financial statements will be subject to adjustment or restatement as provided above in this Section 6.01(b).”

Section 6.01(b). Section 6.01(b) of the Term Loan Credit Agreement is amended by deleting the period and adding a new clause at the end thereof after the word “footnotes” to read as follows: “and to adjustments or restatements arising out of or related to the Misappropriation Transaction; provided subject to the final proviso of this Section delivery of the unaudited balance sheet, statement of income and cash flows of the MLP and its Subsidiaries for the fiscal quarter ending September 30, 2008 may be delayed and not delivered to the Administrative Agent until the first to occur of (i) thirty (30) days after the date of delivery to the special committee of the Borrower’s governing board of a final report detailing the results of the internal investigation and forensic accounting investigation conducted by Xxxxxxx Xxxxx LLP and FTI Consulting into the Misappropriation Transaction which report may contain any recommended remedial measures the Borrower should undertake or advise that prior financial statements should be restated; provided, however, if restated financial statements are Cherokee Amended and Restated Credit Agreement prepared as a result of the Misappropriation Transaction, then the Borrower shall deliver to the Administrative Agent its unaudited stand alone balance sheet, statement of income and cash flows of the Borrower for the fiscal quarter ending September 30, 2008 within ten (10) days after such restated financial statements are completed completed; and (ii) June 30, 2009; provided further, notwithstanding the foregoing, as soon as available but in any event within 45 days after the end of each of the first three fiscal quarters of each fiscal year of the MLP, the Borrower shall deliver to the Administrative Agent, in form and detail reasonably satisfactory to the Administrative Agent and all the Required Lenders, unaudited preliminary internally generated consolidated balance sheets, statements of income and cash flows of the MLP and its Subsidiaries as of such quarter end, which preliminary internally generated financial statements will be subject to adjustment or restatement as provided above in this Section 6.01(b).”

Section 6.01(b). Section 6.01(b) of the Term Loan Credit Agreement is amended by deleting the period and adding a new clause at the end thereof after the word “footnotes” to read as follows: “and to adjustments or restatements arising out of or related to the Misappropriation Transaction; provided subject to the final proviso of this Section delivery of the unaudited balance sheet, statement of income and cash flows of the MLP and its Subsidiaries for the fiscal quarter ending September 30, 2008 may be delayed and not delivered to the Administrative Agent until the first to occur of (i) thirty (30) days after the date of delivery to the special committee of the Borrower’s governing board of a final report detailing the results of the internal investigation and forensic accounting investigation conducted by Xxxxxxx Xxxxx LLP and FTI Consulting into the Misappropriation Transaction which report may Cherokee Amended and Restated Credit Agreement contain any recommended remedial measures the Borrower should undertake or advise that prior financial statements should be restated; provided, however, if restated financial statements are prepared as a result of the Misappropriation Transaction, then the Borrower shall deliver to the Administrative Agent its unaudited stand alone balance sheet, statement of income and cash flows of the Borrower for the fiscal quarter ending September 30, 2008 within ten (10) days after such restated financial statements are completed and (ii) June 30, 2009; provided further, notwithstanding the foregoing, as soon as available but in any event within 45 days after the end of each of the first three fiscal quarters of each fiscal year of the MLP, the Borrower shall deliver to the Administrative Agent, in form and detail reasonably satisfactory to the Administrative Agent and all the Required Lenders, unaudited preliminary internally generated consolidated balance sheets, statements of income and cash flows of the MLP and its Subsidiaries as of such quarter end, which preliminary internally generated financial statements will be subject to adjustment or restatement as provided above in this Section 6.01(b).”. “