Amendment to Section 9.4 of the Credit Agreement. Section 9.4 of the Credit Agreement is hereby amended to delete the reference therein to “Required Banks” and replace it with “Super Majority Banks”.
Amendment to Section 9.4 of the Credit Agreement. Section 9.4 of the Credit Agreement is hereby amended by adding, at the end, the following: “Any consent to, or approval of, the terms and conditions of other agreements, opinions, certificates and documents that is subject to the approval of the Administrative Agent under this Agreement or any Loan Document (including approving any modifications of the terms of the Subordinated Revolving Facility pursuant to the Subordination Agreement) shall also require the consent of the Required Lenders.”
Amendment to Section 9.4 of the Credit Agreement. Section 9.4 of the Credit Agreement is hereby amended by deleting the sentence that reads “For the avoidance of doubt, any indemnification relating to Taxes shall be covered exclusively by Section 3.6 and shall not be covered by this Section 9.4.” and inserting in place thereof the following: “The Agent shall not be liable to any Approved Counterparty for any action taken or omitted to be taken by it under any Loan Document, or in connection therewith; the Agent shall not be responsible for any recitals or warranties herein or under any Loan Document, nor for the effectiveness, enforceability, validity or due execution of any Loan Document, nor for the creation, perfection or priority of any Liens purported to be created by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any collateral security. Each Approved Counterparty agrees to indemnify Agent (to the extent not reimbursed by Borrower within ten (10) days after demand) from and against such Approved Counterparty’s pro rata share of any and all liabilities and costs which to any extent (in whole or in part) may be imposed on, incurred by, or asserted against Agent growing out of, resulting from or in any other way associated with any of the Collateral, the Loan Documents and the transactions and events (including the enforcement thereof) at any time associated therewith or contemplated therein (including any Environmental Claims or violation or noncompliance with any Environmental Laws by any Person or any liabilities or duties of any Person with respect to the presence or Release of Hazardous Materials found in or released into the environment). For the avoidance of doubt, any indemnification relating to Taxes shall be covered exclusively by Section 3.6 and shall not be covered by this Section 9.4.”
