Common use of Senior Notes Documents Clause in Contracts

Senior Notes Documents. (i) If any Senior Notes are outstanding, the making of such Revolving Loan or the issuance of such Letter of Credit to Borrower shall not result in Borrower or any Guarantor being in breach of, or out of compliance with, Section 10.10 or Section 10.11 of the Senior Note Indenture. (ii) If any Senior Notes are outstanding, if the making of such Revolving Loan or the issuance of such Letter of Credit would cause the aggregate outstanding amount of the Revolving Loans and the outstanding Letter of Credit Obligations to exceed $42,500,000, (A) such excess amount of Indebtedness is permitted under a provision of Section 10.10 of the Senior Note Indenture other than Section 10.10(1), (B) the Lien securing such excess amount of Indebtedness constitutes a “Permitted Lien” under, and as defined in, the Senior Note Indenture other than a “Permitted Lien” under clause (19) of the definition of “Permitted Liens” set forth in the Senior Note Indenture, and (C) after giving effect to the incurrence of such excess amount of Indebtedness, Borrower would be able to incur an additional $3,000,000 of secured Indebtedness under the Loan Documents under a provision of Section 10.10 of the Senior Note Indenture other than Section 10.10(1) and under a clause of the definition of “Permitted Liens” set forth in the Senior Note other than clause (19) of the definition of “Permitted Liens” set forth in the Senior Note Indenture. (e) Section 7.02(b) of the Credit Agreement is hereby amended by adding the following sentence at the end thereof: Permit any Indebtedness of Parent or its Subsidiaries to utilize the basket set forth in Section 10.10(1) of the Senior Note Indenture other than Revolving Loans and Letter of Credit Obligations. (f) Section 7.02(c) of the Credit Agreement is hereby amended by (i) deleting the phrase “the Borrower is the surviving Person in the case of any merger or consolidation involving the Borrower, and” from clause (i)(E) thereof, (ii) deleting the period at the end of clause (ii)(L) thereof and replacing it with “; and”, and (iii) adding the following new clause (iii) at the end thereof: