Amendment to Section 7.02. (a) Section 7.02 of the Credit Agreement is hereby amended by amending and restating clause (g)(iv) thereto as follows:
Amendment to Section 7.02. Section 7.02 of the Original Merger Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Section 7.02. Section 7.02 is hereby amended in its entirety to read as follows:
Amendment to Section 7.02. Section 7.02 of the Financing Agreement is hereby amended effective for all purposes as of June 30, 2009, by adding a new Section 7.02(t) at the end thereof as follows:
Amendment to Section 7.02. A. Subsection 7.02(g) is hereby amended by deleting subsection 7.02(g) in its entirety and substituting the following therefor: “Indebtedness of the Borrower arising from the New Letters of Credit;”
Amendment to Section 7.02. Section 7.02 of the Credit Agreement is hereby amended by replacing the period at the end of clause 7.02(p) with the phrase “; and”, and by adding the following new clause (q) to the end of said Section 7.02: “(q) Permitted Convertible Indebtedness.”
Amendment to Section 7.02. Section 7.02 of the Financing Agreement, Negative Covenants, is hereby amended by amending and restating in its entirety clause (e), “Loans, Advances, Investments, Etc.”, of such section as follows:
Amendment to Section 7.02. Section 7.02 of the Financing Agreement, Negative Covenants, is hereby amended by amending and restating in its entirety the proviso in clause (h), “Restricted Payments”, of such section as follows: provided, however, that (A) so long as no Default or Event of Default has occurred and is continuing, (1) any Subsidiary of the Borrower may pay dividends to the Borrower, and (2) the Borrower may pay dividends in the form of common Capital Stock (including common Capital Stock of Beacon in connection with the consummation of a Permitted Disposition with respect to the Capital Stock of Beacon), and (B) Metalico may repurchase its Capital Stock from American CatCon Holdings in connection with the CatCon Put Arrangement to the extent any payment to American CatCon Holdings in connection therewith is permitted pursuant to the CatCon Subordination Agreement.
