Common use of Subsections Clause in Contracts

Subsections. (a) and (b) of Section 3.01 of the Credit Agreement are deleted and replaced with the following: (a) The Company hereby promises to pay to the Administrative Agent for account of each Bank providing any such Loan (i) the outstanding principal amount of each of such Bank's Additional Commitment Loans, and each Additional Commitment Loan shall mature, upon the expiration of the Additional Commitment Period, (ii) the outstanding principal amount of each of such Bank's Increased Commitment Loans, and each Increased Commitment Loan shall mature, upon the expiration of the Increased Commitment Period, (iii) the outstanding principal amount of each of such Bank's Revolving Credit Loans, and each Revolving Credit Loan shall mature, on the Commitment Termination Date and (iv) the outstanding principal amount of each Competitive Loan, and each Competitive Loan shall mature, on the last day of the Interest Period applicable to such Loan. (b) The Company hereby promises to pay to the Administrative Agent for account of the Banks the aggregate principal amount of Term Loans in four equal consecutive quarterly installments commencing on the date three months after the date of the making of such Term Loans and thereafter on the quarterly anniversary dates of the date of the making of such Term Loans (each a "PRINCIPAL PAYMENT DATE"); provided that, if the date of the making of such Term Loans is the last Business Day of a calendar month (or on any day for which there is no numerically corresponding date in the appropriate subsequent calendar month) the payment date shall be the last Business Day of the appropriate subsequent calendar month; and provided that, if any Principal Payment Date would fall on a day other than a Business Day, such Principal Payment Date shall be the next succeeding Business Day (or, if such next succeeding Business Day falls in the next succeeding calendar month, on the next preceding Business Day)."

Subsections. 4(a) (aii) and (biii) of Section 3.01 of the Credit Agreement Lease are hereby deleted and replaced the following substituted in their place, with the followingsubsection 4(a)(i) repeated without change for convenience: (a) The Company As payments on account of rent for the properties leased hereunder, and having made all required payments of rent, supplemental rent and other charges owed to Lessor through April 30, 1998, Tenant hereby unconditionally promises to pay to the Administrative Agent for account of each Bank providing any such Loan pay: (i) to the outstanding Trustee, for the account of the Lessor, payments hereunder sufficient at all times to pay in full the principal amount of each of such Bank's Additional Commitment Loansof, premium, if any, and each Additional Commitment Loan shall matureinterest on the Bonds, upon the expiration and all expenses of the Additional Commitment PeriodTrustee under the Indenture, and any and all other payments required to be made by Lessor under the Agreement and the Indenture, when and as the same become due and payable (whether at maturity or by acceleration, prepayment, call for redemption, or otherwise); all such payments shall be made in immediately available funds, at the principal corporate trust office of the Trustee which on the date hereof is located at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, or such other place as Lessor or the Trustee shall designate at any time in writing to Tenant; (ii) to the outstanding principal Lessor, directly commencing on May 1, 1998, as supplemental rent, the amount set forth in SUBSECTION 4(a)(iii) below, provided, however, if the Tenant has received notice from the Trustee that a default or Event of Default under the Agreement has occurred and is continuing, all supplemental rent payments shall be paid to the Trustee for the account of the Lessor. All payments of supplemental rent shall be made in equal monthly installments in advance on the first day of each of such Bank's Increased Commitment Loans, and each Increased Commitment Loan shall mature, upon every remaining calendar month during the expiration of the Increased Commitment Period, Term; (iii) the outstanding principal amount of each of such Bank's Revolving Credit Loans, and each Revolving Credit Loan shall mature, on supplemental rent for the Commitment Termination Date and (iv) the outstanding principal amount of each Competitive Loan, and each Competitive Loan shall mature, on the last day of the Interest Period applicable to such Loan. (b) The Company hereby promises to pay to the Administrative Agent for account of the Banks the aggregate principal amount of Term Loans in four equal consecutive quarterly installments lease year commencing on May 1, 1998 shall be $461,239.00 (the date three months after the date of the making of such Term Loans and thereafter on the quarterly anniversary dates of the date of the making of such Term Loans (each a "PRINCIPAL PAYMENT DATEEscalation Base"); provided that. The supplemental rent for the lease year commencing on May 1, if the date of the making of such Term Loans is the last Business Day of a calendar month (or on any day for which there is no numerically corresponding date in the appropriate subsequent calendar month) the payment date 1999 shall be the last Business Day of Escalation Base increased by the appropriate subsequent calendar month; and provided thatpercentage increase, if any Principal Payment Date would fall any, in the CPI (hereinafter defined) for the last reported month available to the public on a day other than a Business DayApril 1, such Principal Payment Date 1999 as compared to the CPI for the same month in 1998 (the "Base CPI"). The supplemental rent for each lease year after the lease year commencing on May 1, 1999 shall be the next succeeding Business Day (orEscalation Base increased by the percentage increase, if such any, in the last reported month available to the public on April 1 of the next succeeding Business Day falls in preceding lease year as compared to the Base CPI. On or before April 15, 1999 and on or before each April 15 thereafter during the Term, Lessor shall provide Tenant with written notice of the supplemental rent for the next succeeding calendar monthlease year and the calculation for determining such supplemental rent. Notwithstanding the result of any calculation of supplemental rent hereunder, on in no event shall supplemental rent for any lease year be less than supplemental for the next preceding Business Day)lease year."

Subsections. (a) and (b) of Section 3.01 2.2 of the Credit Agreement are deleted and replaced with the followingamended in their entirety to read as follows: (a) The Company hereby promises Borrower may borrow (i) under the Aggregate Tranche A Commitments on any Business Day during the Tranche A Commitment Period, or (ii) the Additional Tranche C Loans on the Merger Effective Date, provided that the Borrower shall notify the Administrative Agent (by telephone or fax) no later than 1:00 p.m. (A) three Business Days prior to the requested Credit Extension Date in the case of Eurodollar Advances and (B) one Business Day prior to the requested Credit Extension Date in the case of ABR Advances, in each case specifying (1) if requesting Tranche A Loans, the aggregate principle amount to be borrowed under the Aggregate Tranche A Commitments, (2) the requested Credit Extension Date, (3) whether such borrowing is to consist of one or more Eurodollar Advances, ABR Advances, or a combination thereof and (4) if the borrowing is to consist of one or more Eurodollar Advances, the length of the Interest Period or Periods for each such Eurodollar Advance (subject to the provisions of the definition of Interest Period). Each such notice shall be irrevocable and confirmed immediately by delivery to the Administrative Agent of a Credit Request. Each ABR Advance shall be in an aggregate principal amount equal to $100,000 or such amount plus a whole multiple of $100,000 in excess thereof, or, if less, the unused amount of the Aggregate Tranche A Commitments, and each Eurodollar Advance shall be in an aggregate principal amount equal to $500,000 or such amount plus a whole multiple of $100,000 in excess thereof. If, with respect to any borrowing, the Borrower shall fail to give due notice as provided in this Section, the Borrower shall be deemed to have selected an ABR Advance for such borrowing. (b) Upon receipt of such notice of borrowing from the Borrower, the Administrative Agent shall promptly notify each Lender which is a member of the Class from which a Loan has been requested of such notice of borrowing. Subject to its receipt of the notice referred to in the preceding sentence, each such Lender will make the amount of its (i) Tranche A Percentage of each such borrowing of Tranche A Loans, or (ii) its Additional Tranche C Loan, as the case may be, available to the Administrative Agent for the account of the Borrower at the Payment Office not later than 2:30 p.m., on the relevant Credit Extension Date requested by the Borrower, in funds immediately available to the Administrative Agent at such office. The amounts so made available to the Administrative Agent on such Credit Extension Date will then, subject to the satisfaction of the terms and conditions of this Agreement as determined by the Administrative Agent, be made available on such date to the Borrower by the Administrative agent at the Payment Office by crediting the account of the Borrower on the books of such office with the aggregate of said amounts received by the Administrative Agent. Unless the Administrative Agent shall have received prior notice from a Lender (by telephone or otherwise, such notice to be confirmed by telecopy or other writing) that it will not make available to the Administrative Agent its Tranche A Percentage of any Loans requested by the Borrower or its Additional Tranche C Loan, as the case may be, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the requested Credit Extension Date in accordance with this Section, provided that such Lender received notice of the proposed borrowing from the Administrative Agent, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such Credit Extension Date a corresponding amount. If and to the extent such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount (to the extent not previously paid by the other), together with interest thereon for account each day from the date such amount is made available to the Borrower until the date such amount is paid to the Administrative Agent, at a rate per annum equal to, in the case of each Bank providing any such Loan (i) the outstanding principal amount of each Borrower the applicable interest rate set forth in Section 3.1, and, in the case of such Bank's Additional Commitment LoansLender, and each Additional Commitment Loan the Federal Funds Rate in effect on such date (as determined by the Administrative Agent). Such payment by the Borrower, however, shall mature, upon the expiration of the Additional Commitment Period, (ii) the outstanding principal amount of each of be without prejudice to its rights against such Bank's Increased Commitment Loans, and each Increased Commitment Loan Lender. If such Lender shall mature, upon the expiration of the Increased Commitment Period, (iii) the outstanding principal amount of each of such Bank's Revolving Credit Loans, and each Revolving Credit Loan shall mature, on the Commitment Termination Date and (iv) the outstanding principal amount of each Competitive Loan, and each Competitive Loan shall mature, on the last day of the Interest Period applicable to such Loan. (b) The Company hereby promises to pay to the Administrative Agent such corresponding amount, such amount so paid (excluding, however, any interest payable on such amount) shall constitute such Lender's Loan as part of such Loans for account purposes of the Banks the aggregate principal amount of Term Loans in four equal consecutive quarterly installments commencing this Agreement, which Loan shall be deemed to have been made by such Lender on the date three months after the date of the making of Credit Extension Date applicable to such Term Loans and thereafter on the quarterly anniversary dates of the date of the making of such Term Loans (each a "PRINCIPAL PAYMENT DATE"); provided that, if the date of the making of such Term Loans is the last Business Day of a calendar month (or on any day for which there is no numerically corresponding date in the appropriate subsequent calendar month) the payment date shall be the last Business Day of the appropriate subsequent calendar month; and provided that, if any Principal Payment Date would fall on a day other than a Business Day, such Principal Payment Date shall be the next succeeding Business Day (or, if such next succeeding Business Day falls in the next succeeding calendar month, on the next preceding Business Day)Loans."