CREDIT AGREEMENT Dated as of January 24, 2007 among MV PARTNERS, LLC, as Borrower,Credit Agreement • April 2nd, 2007 • MV Partners LLC • New York
WHEREAS, Borrower, the lenders party thereto (the “Existing Lenders”) and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, are parties to that certain Credit Agreement dated as of December 21, 2005 (such agreement, the “Existing Credit Agreement”) pursuant to which the Existing Lenders agreed to make revolving credit loans (therein referred to as the “Existing Loans”) to Borrower, the Swing Line Lender agreed to make swing line loans to Borrower, L/C Issuer agreed to issue letters of credit for the account of Borrower, and Existing Lenders agreed to purchase participations in such swing line loans and such letters of credit; and
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED OPERATING AGREEMENT OFOperating Agreement • April 2nd, 2007 • MV Partners LLC
The undersigned Members of MV Partners, LLC, constituting all of the Members of said Company, do hereby amend the First Amended and Restated Operating Agreement of MV Partners, LLC dated September 1, 2006 (“First Amended Agreement”) as follows:
