Amendment to Section 9.08. Section 9.08 of the Credit Agreement is hereby amended and restated in its entirety so that it reads as follows:
Amendment to Section 9.08. Section 9.08 of the Credit Agreement is hereby amended by deleting it in its entirety and replacing it with: “The Borrower and its Subsidiaries will not permit the Pro Forma Leverage Ratio for any Test Period (taken as one accounting period) ending on the last day of any fiscal quarter described below to be greater than the ratio set forth opposite such fiscal quarter below: Fiscal Quarter Ended Ratio March 31, 2002 5.00 to 1.00 June 30, 2002 5.00 to 1.00 September 30, 2002 5.00 to 1.00 December 31, 2002 4.90 to 1.00 March 31, 2003 4.80 to 1.00 June 30, 2003 4.80 to 1.00 September 30, 2003 4.80 to 1.00 December 31, 2003 4.80 to 1.00 March 31, 2004 4.60 to 1.00 June 30, 2004 4.60 to 1.00 September 30, 2004 4.60 to 1.00 December 31, 2004 4.60 to 1.00 March 31, 2005 4.60 to 1.00 June 30, 2005 4.60 to 1.00 13 Fiscal Quarter Ended Ratio September 30, 2005 4.60 to 1.00 December 31, 2005 4.60 to 1.00 March 31, 2006 4.20 to 1.00 June 30, 2006 4.20 to 1.00 September 30, 2006 4.20 to 1.00 December 31, 2006 4.20 to 1.00 March 31, 2007 4.00 to 1.00 June 30, 2007 4.00 to 1.00 September 30, 2007 4.00 to 1.00 December 31, 2007 4.00 to 1.00 March 31, 2008 4.00 to 1.00 June 30, 2008 and each fiscal quarter thereafter 4.00 to 1.00”.
Amendment to Section 9.08. Section 9.08 of the Original Credit Agreement is hereby amended such that the reference in such Section 9.08 to the phrase “and as to PNC Bank” is deleted and there is substituted therefore the phrase “and as to any Lender in the capacity as L/C Issuer.”
Amendment to Section 9.08. Section 9.08 of the Credit Agreement is hereby amended by deleting the words “Section 7.22” where they appear therein and replacing them with the words “Sections 7.22 and 7.24”.
Amendment to Section 9.08. Section 9.08 is hereby amended by adding the following at the end thereof: The Borrower will not request any Borrowing or Letter of Credit, and the Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, to the extent such activities, businesses or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the United States or in a European Union member state, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.
Amendment to Section 9.08. Section 9.08 of the Reimbursement Agreement is hereby amended by inserting the following new sentence at the end thereof: “In addition, the Lender may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Lender in connection with the administration of this Agreement, the other Loan Documents and the Commitments.”
Amendment to Section 9.08. Section 9.08 of the Credit Agreement is amended to add the following sentence immediately before the last sentence thereof: “Each Lender agrees to notify the Borrower and the Administrative Agent promptly after any such setoff and application; provided that the failure to give such notice shall not affect the validity of such setoff and application.”
Amendment to Section 9.08. On the Amendment No. 1 Effective Date, Clause (B) of Section 9.08(e) of the Credit Agreement shall be amended by deleting the text “the Borrower”, as set forth therein, and replacing it with the text “Intermediate Holdings”.
