Addition of Section 4. 08 to the Agreement. The Agreement is hereby amended by adding the following Section 4.08 thereto:
Addition of Section 4. 4.4. The following language shall be added to the Agreement as Section 4.4.4:
Addition of Section 4. 07. Article IV of the Stockholders Agreement is hereby amended by adding a new Section 4.07 thereto to immediately follow Section 4.06 thereof to read as follows:
Addition of Section 4. 16A. Section 4 of the Credit Agreement is hereby amended by adding the following section following Section 4.16 thereof:
Addition of Section 4. 10. Section 4.10 below shall be added to the Agreement following Section 4.9.
Addition of Section 4. 16. Section 4.16 is hereby added to the Governance Agreement to read as follows: This Agreement, all of the terms and conditions herein, and the rights and obligations of the parties hereunder, will terminate as of the earlier of the Effective Time (as defined in the Merger Agreement) or the conclusion of the 2008 Annual Meeting of Shareholders; except that notwithstanding the foregoing,
Addition of Section 4. 12 to the Agreement. Article 4 of the Agreement is amended by adding a new Section 4.12 to read in its entirety as follows: Provision of Information. Holdings shall send to each of the Warrantholders each financial statement, report, notice or proxy sent by it or by any of its subsidiaries to the Stockholders or creditors of Holdings generally.
Addition of Section 4. 18. The following Section 4.18 is hereby added to the Merger Agreement: “Other Businesses. None of Parent, Merger Sub or any of their respective Affiliates (a) directly competes with or purchases goods or services from, or has direct or indirect capital or other interests of more than ten percent in any other corporation, partnership, limited liability company, joint venture or business organization that directly competes with or purchases goods or services from the Company or (b) has entered (or are in negotiations to enter) into any agreement or otherwise to acquire or make any investment in any corporation, partnership, limited liability company, joint venture or other business organization or any division or assets thereof, that directly competes with or purchases goods or services from the Company.”
Addition of Section 4. 12. Article 4 of the First Supplemental Indenture is amended by inserting a new Section 4.12 as follows:
Addition of Section 4. 11 of the Loan Agreement. The Loan Agreement is hereby amended by adding the following Section 4.11 thereto:
