Amendment to Section 2.11. Section 2.11 of the Credit Agreement is hereby amended by inserting the following text at the end thereof:
Amendment to Section 2.11. Section 2.11 of the Credit Agreement is hereby amended by deleting the text “(i) any prepayment of Term Loans made or (ii) any amendment to the Loan Documents in respect of the Term Loans, in each case on or prior to the date that is the six-month anniversary of the 2017 Replacement Term Loan Amendment Effective Date and in connection with a Repricing Transaction” in subsection (a) thereof and substituting in lieu thereof the text “(i) any prepayment of Term Loans made or (ii) any amendment to the Loan Documents in respect of the Term Loans, in each case on or prior to the date that is the six-month anniversary of the 2017-2 Replacement Term Loan Amendment Effective Date and in connection with a Repricing Transaction”.
Amendment to Section 2.11. Section 2.1.1 of the Agreement is hereby amended and restated as follows: “Within Three Business Days following the Effective Date, Sellers, Purchaser and a duly authorized representative of Title Insurer (“Escrowee”) shall execute Deposit Escrow Instructions in the form attached hereto as Exhibit B (the “Deposit Escrow Instructions”) and concurrently therewith, Purchaser shall deliver to Escrowee xxxxxxx money in the amount of $7,420,473 (the “Initial Deposit”), subject to the terms of this Agreement. If Purchaser elects, in its sole and absolute discretion, to proceed with the transactions contemplated by this Agreement, then, (x) on or before 5:00 p.m., New York time, on the last day of the Due Diligence Period, Purchaser shall deliver to Escrowee a wire transfer in immediately available federal funds in the amount equal to $3,710,237 and (y) on or before 5:00 p.m. New York time, on July 28, 2015 an amount equal to $14,947,799 (the amounts referred to in clauses
Amendment to Section 2.11. Section 2.11(b) of the Original Indenture is hereby amended by deleting it in its entirety and replacing it with the following:
Amendment to Section 2.11. Section 2.11 of the Loan Agreement is amended by restating such Section 2.11 in its entirety to read as follows:
Amendment to Section 2.11. Section 2.11 of the Credit Agreement, Application of Payments, is hereby amended and modified by deleting subsection 2.11(b) in its entirety and by substituting the following in lieu thereof:
Amendment to Section 2.11. Section 2.11(a) of the Credit Agreement is hereby amended by restating clause (ii) thereof in its entirety as follows:
Amendment to Section 2.11. The parties hereby agree that Section 2.11 of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.11. Section 2.11 of the Credit Agreement is hereby amended by adding the following to the end thereof: “All voluntary prepayments of the Tranche A Term Loans effected on or prior to the first anniversary of the Fourth Amendment Effective Date (as defined in the Fourth Amendment, dated as of September 15, 2005, to this Agreement) with the proceeds of a substantially concurrent issuance or incurrence of new term loans under this Agreement, as amended, amended and restated, supplemented, waived or otherwise modified from time to time (excluding a refinancing of all the facilities outstanding under this Agreement in connection with another transaction not permitted by this Agreement (as determined prior to giving effect to any amendment or waiver of this Agreement being adopted in connection with such transaction)), shall be accompanied by a prepayment fee equal to 1.00% of the aggregate amount of such prepayments if the Applicable Margin (or similar interest rate spread) applicable to such new term loans is or, upon the satisfaction of certain conditions, could be less than the Applicable Margin applicable to the Tranche A Term Loans on the Fourth Amendment Effective Date.”
Amendment to Section 2.11. Section 2.11(b) of the Original Indenture is hereby amended by deleting the phrase “If issued, all of the Series B Equipment Notes” and replacing it with the phrase “All of the Series B Equipment Notes”.
