BAC LLC Agreement means that certain Limited Liability Company Agreement, dated as of October 24, 2002, between Brunswick Financial Services Corporation and CDF Ventures, LLC, as amended through the date hereof.
Each of the Administrative Agent and the Lenders acknowledges that it has been advised of the confidentiality requirements that apply under Article IX of the BAC LLC Agreement and agrees that it will comply in all respects therewith.
As of the Effective Date, the Company has heretofore furnished to the Lenders complete and accurate copies of the BAC LLC Agreement, all other material documents relating to the BAC Joint Venture, and all material documents relating to other material floor plan financing and securitization programs, in each case, as amended as of the date hereof.
Brunswick Financial Services Corporation shall have entered into an amendment to or an agreement to amend the BAC LLC Agreement to conform the financial covenant therein to the ratio in Section 6.11.
Brunswick Financial Services Corporation shall have entered into an amendment to or an agreement to amend the BAC LLC Agreement, on terms reasonably satisfactory to the Administrative Agent.
The Company shall not, and shall not permit any Subsidiary to, amend, modify or waive any of its rights under the BAC LLC Agreement to the extent any such amendment, modification or waiver would materially adversely affect the Companys or any Subsidiary Guarantors ability to make anticipated principal or interest payments on the Securities or Subsidiary Guarantee, as the case may be.