EXHIBIT 10.3F AMENDMENT NO. 3 TO CREDIT AGREEMENT AND WAIVER This Amendment No. 3 to Credit Agreement and Waiver (this "Agreement") dated as of March 9, 2007 is made by and among INFOCROSSING, INC., a Delaware corporation (the "Borrower"), BANK OF...Credit Agreement and Waiver • March 16th, 2007 • Infocrossing Inc • Services-computer processing & data preparation
FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • April 11th, 2023 • Bed Bath & Beyond Inc • Retail-home furniture, furnishings & equipment stores • New York
AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 9, 2021 (as it may be amended or modified from time to time, this “Agreement”) among BED BATH &BEYOND INC., as the Company, the other U.S. Borrowers party hereto, the Canadian Borrowers party hereto, the other Loan Parties party hereto, the Lenders party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent and SIXTH STREET SPECIALTY LENDING, INC., as FILO Agent.
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • January 27th, 2006 • Mueller Water Products, Inc. • Miscellaneous fabricated metal products
This Amendment No. 1 to Credit Agreement and Waiver (this “Agreement”) dated as of January 24, 2006 is made by and among MUELLER GROUP, LLC, a Delaware limited liability company (the “Borrower”), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States (“Bank of America”), in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement (as defined below)) (in such capacity, the “Administrative Agent”), and each of the Lenders signatory hereto, and each of the Guarantors (as defined in the Credit Agreement) signatory hereto.
THIRD AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • August 23rd, 2010 • Radio One, Inc. • Radio broadcasting stations • New York
SECOND amendment to credit AGREEMENT AND WAIVERCredit Agreement and Waiver • January 13th, 2017 • Royal Hawaiian Orchards, L.P. • Agricultural production-crops • California
This Second Amendment to Credit Agreement and Waiver dated as of January 12, 2017 (this “Amendment”), is made by and between American AgCredit, FLCA (“Lender”) and Royal Hawaiian Orchards, L.P., a Delaware limited partnership (“Borrower”), with reference to the following:
Exhibit 4-A AMENDMENT TO CREDIT AGREEMENT and WAIVER This Amendment to Credit Agreement and Waiver (the "Amendment"), dated as of June 18, 2001, is among Farrel Corporation, Farrel Limited, and Farrel Shaw Limited (each of the foregoing entities is...Credit Agreement and Waiver • August 15th, 2001 • Farrel Corp • Special industry machinery, nec • Connecticut
AMENDMENT NO. 9 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • December 23rd, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 9 TO CREDIT AGREEMENT AND WAIVER, dated as of December 18, 2020 (this “Agreement”), is entered into by and between PACIFIC ETHANOL PEKIN, LLC, a limited liability company organized and existing under the laws of Delaware (“Company”), COMPEER FINANCIAL, PCA, a federally-chartered instrumentality of the United States, successor by merger to 1st Farm Credit Services, PCA (“Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Agent”). Capitalized terms not defined herein shall have the meanings set forth in the Credit Agreement.
SEVENTH AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 13th, 2018 • Apollo Endosurgery, Inc. • Surgical & medical instruments & apparatus • New York
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Agreement”) dated as of November 6, 2018 (the “Seventh Amendment Effective Date”) is entered into among APOLLO ENDOSURGERY US, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and ATHYRIUM OPPORTUNITIES II ACQUISITION LP, as Administrative Agent (the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVER, dated as of December 20, 2019 (this “Agreement”), is entered into by and between ILLINOIS CORN PROCESSING, LLC, a limited liability company organized and existing under the laws of Delaware (“Company”), COMPEER FINANCIAL, PCA, a federally-chartered instrumentality of the United States, successor by merger to 1st Farm Credit Services, PCA (“Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Agent”). Capitalized terms not defined herein shall have the meanings set forth in the Credit Agreement.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • July 2nd, 2015 • Conifer Holdings, Inc. • Fire, marine & casualty insurance
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER (“Amendment”) dated as of May 4, 2015, by and between Conifer Holdings, Inc., a Michigan corporation (“Company”) and Comerica Bank (“Bank”).
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • March 23rd, 2021 • Axt Inc • Semiconductors & related devices • California
This FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this "Amendment"), dated as of February 5, 2020, is entered into by and between AXT, INC., a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").
EX-10.2 4 amendment_no1to2012ralcor.htm EXECUTION VERSION AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • May 5th, 2020 • New York
This Amendment No. 1 to Credit Agreement and Waiver (this “Amendment”) is entered into as of November 27, 2012 by and among Ralcorp Holdings, Inc., a Missouri corporation (the “Borrower”), JPMorgan Chase Bank, N.A., individually and as administrative agent (the “Administrative Agent”), and the other financial institutions signatory hereto.
EXECUTION VERSION FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • May 5th, 2020 • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND CONDITIONAL WAIVER (this “Amendment”) is made as of the 8th day of August, 2016, by and between XPRESSPA HOLDINGS, LLC, a Delaware limited liability company (the “Borrower”) and ROCKMORE INVESTMENT MASTER FUND LTD. (the “Lender”).
AMENDMENT NUMBER ONE TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 16th, 2010 • Skechers Usa Inc • Footwear, (no rubber) • New York
AMENDMENT NO. 3 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • January 31st, 2008 • Moneygram International Inc • Services-business services, nec • New York
This Amendment and Waiver (this “Amendment”) is entered into as of January 25, 2008 by and among MoneyGram International, Inc., a Delaware corporation (the “Borrower”), JPMorgan Chase Bank, N.A., individually and as administrative agent (the “Administrative Agent”), and the other financial institutions signatory hereto.
BACKGROUNDCredit Agreement and Waiver • October 22nd, 2001 • Oakhurst Co Inc • Wholesale-motor vehicle supplies & new parts • Pennsylvania
NINTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 21st, 2008 • Municipal Mortgage & Equity LLC • Real estate • Minnesota
THIS NINTH AMENDMENT AND WAIVER (this “Amendment”), dated as of November 14, 2008, amends and modifies a certain Amended and Restated Credit Agreement, dated as of November 16, 2005, as amended by Amendments dated as of December 5, 2005, December 14, 2005, March 15, 2006, July 24, 2006, November 30, 2006, November 30, 2007, March 27, 2008 and April 30, 2008 (as so amended, the “Credit Agreement”), between MMA MORTGAGE INVESTMENT CORPORATION (the “Borrower”) and U.S. BANK NATIONAL ASSOCIATION (the “Bank”). Terms not otherwise expressly defined herein shall have the meanings set forth in the Credit Agreement.
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • January 14th, 2008 • Moneygram International Inc • Services-business services, nec • New York
This Amendment and Waiver (this “Amendment”) is entered into as of January 8, 2008 by and between MoneyGram International, Inc., a Delaware corporation (the “Borrower”), and JPMorgan Chase Bank, N.A., individually (“JPMCB”) and as administrative agent (the “Administrative Agent”).
THIRD AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • May 16th, 2011 • Prospect Medical Holdings Inc • Services-offices & clinics of doctors of medicine • Pennsylvania
THIS THIRD AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of April 29, 2011, is made by and between BROTMAN MEDICAL CENTER, INC., a California corporation, as borrower (“Borrower”) and GEMINO HEALTHCARE FINANCE, LLC, a Delaware limited liability company, as lender (“Lender”).
SECOND AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 16th, 2009 • Crown Holdings Inc • Metal cans • New York
This SECOND AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of November 12, 2009, is entered into by and among Crown Americas LLC, a Pennsylvania limited liability company (the “U.S. Borrower”), the other undersigned Credit Parties, the undersigned financial institutions, including Deutsche Bank AG New York Branch, in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), and Deutsche Bank AG New York Branch, as Administrative Agent (“Administrative Agent”) and as Collateral Agent (“Collateral Agent”) for the Lenders. Terms used herein and not otherwise defined herein shall have the same meanings as specified in the Credit Agreement (as defined below).
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • February 27th, 2008 • Lacrosse Footwear Inc • Rubber & plastics footwear
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”) is entered into as of February 25, 2008, by and between LACROSSE FOOTWEAR, INC., a Wisconsin corporation (“Borrower”), and (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”).
AMENDMENT NO. 13 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • September 4th, 2014 • Avid Technology, Inc. • Photographic equipment & supplies • New York
AMENDMENT NO. 13 TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of August 28, 2014, by and among AVID TECHNOLOGY, INC., a Delaware corporation (“Avid”), AVID TECHNOLOGY INTERNATIONAL B.V., a Netherlands private limited liability company, acting through its duly established Irish branch (“Avid Ireland” and together with Avid, each individually a “Borrower” and collectively, “Borrowers”), AVID SYSTEMS, INC., a California corporation formerly known as Pinnacle Systems, Inc. (“Pinnacle”), AVID GENERAL PARTNER B.V., a Netherlands private limited liability company (besloten vennootschap) acting for itself and in its capacity as general partner (beherend vennoot) of Avid Technology C.V. (“Avid GP” and together with Pinnacle, each individually a “Guarantor” and collectively, “Guarantors”), the lenders identified on the signature pages hereto (together with their respective successors and assigns, each a “Lender” and collectively, the “Lenders”), and WELLS FARGO CAPITAL FINANCE, LL
SECOND AMENDMENT TO CREDIT AGREEMENT AND WAIVER dated as of December 4, 2015 Among IDENTIV, INC., as the Borrower, IDONDEMAND, INC., as the Guarantor and OPUS BANK as Lender Re Credit Agreement dated as of March 31, 2014Credit Agreement and Waiver • December 8th, 2015 • Identiv, Inc. • Computer peripheral equipment, nec • California
This Second Amendment to Credit Agreement and Waiver dated as of December 4, 2015 (this “Amendment”) is by and among (a) Identiv, Inc., a Delaware corporation formerly known as Identive Group, Inc. (the “Borrower”), (b) idOnDemand, Inc., a Delaware corporation (the “Guarantor”), and (c) Opus Bank, a California commercial bank, as Lender (“Lender”). All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in the below defined Loan Agreement.
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • September 9th, 2004 • Hanger Orthopedic Group Inc • Services-specialty outpatient facilities, nec • New York
THIS THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER (this “Agreement”), is made and entered into as of September 2, 2004, among HANGER ORTHOPEDIC GROUP, INC., a Delaware corporation (“Borrower”), the undersigned Lenders signatory hereto and GENERAL ELECTRIC CAPITAL CORPORATION, as Administrative Agent.
AMENDMENT NO. 7 TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • July 24th, 2020 • Hamilton Beach Brands Holding Co • Electric housewares & fans • New York
AMENDMENT NO. 7 TO AMENDED AND RESTATED CREDIT Agreement, dated as of May 15, 2020 (this “Amendment No. 7”), is by and among Wells Fargo Bank, National Association, in its capacity as agent pursuant to the Credit Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”), the parties to the Credit Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”), Hamilton Beach Brands, Inc., formerly known as Hamilton Beach/Proctor-Silex Inc., a Delaware corporation (“Parent”), Weston Brands, LLC, an Ohio limited liability company, (“Weston” and together with Parent, each individually, a “US Borrower” and, collectively, “US Borrowers”) and Hamilton Beach Brands Canada, Inc., formerly known as Proctor-Silex Canada Inc., an Ontario corporation (“Hamilton Brands Canada” or “Canadian Borrower”, and together with US Borrowers, each individually a “Borrower” and collectively, “Borrowers”).
AMENDMENT NO. 6 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • March 25th, 2015 • American Apparel, Inc • Blank checks • New York
THIS AMENDMENT NO. 6 TO CREDIT AGREEMENT AND WAIVER dated as of March 25, 2015 (this “Amendment”), is among AMERICAN APPAREL (USA), LLC, a California limited liability company (“AA USA”), AMERICAN APPAREL RETAIL, INC., a California corporation (“AA Retail”), AMERICAN APPAREL DYEING & FINISHING, INC., a California corporation (“AA Dyeing & Finishing”), KCL KNITTING, LLC, a California limited liability company (“KCL” and, together with AA USA, AA Retail and AA Dyeing & Finishing, collectively, the “Borrowers” and each, individually, a “Borrower”), AMERICAN APPAREL, INC., a Delaware corporation (“Holdings”), FRESH AIR FREIGHT, INC., a California corporation (“Fresh Air” and, together with Holdings, collectively, the “Guarantors” and each, individually, a “Guarantor”), CAPITAL ONE BUSINESS CREDIT CORP. (f/k/a Capital One Leverage Finance Corp.), as administrative agent (in such capacity, the “Administrative Agent”), and each of the Lenders party hereto.
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • March 16th, 2007 • Youbet Com Inc • Services-miscellaneous amusement & recreation • California
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of March 14, 2007, is entered into by and between WELLS FARGO FOOTHILL, INC., a California corporation, as arranger and administrative agent (in such capacity, “Agent”) for the Lenders (as defined below), YOUBET.COM, INC., a Delaware corporation (“Parent”), and UNITED TOTE COMPANY, a Montana corporation (“United Tote”, and together with Parent, each individually a “Borrower”, and individually and collectively, jointly and severally, the “Borrowers”).
AMENDMENT NUMBER SEVEN TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 14th, 2014 • Silicon Graphics International Corp • Electronic computers
This Amendment Number Seven to Credit Agreement and Waiver (this “Amendment”) is entered into as of November 10, 2014, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), on the one hand, and SILICON GRAPHICS INTERNATIONAL CORP., a Delaware corporation (“Parent”), and SILICON GRAPHICS FEDERAL, LLC, a Delaware limited liability company (“Silicon Federal”; and together with Parent each individually a “Borrower”, and individually and collectively, jointly and severally, the “Borrowers”), on the other hand, with reference to the following facts:
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • February 22nd, 2007 • Belden CDT Inc. • Drawing & insulating of nonferrous wire • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of February 16, 2007, is by and among BELDEN CDT INC., a Delaware corporation (the “Borrower”), those Material Domestic Subsidiaries of the Borrower party hereto (each a “Guarantor” and collectively, the “Guarantors”), and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders (as hereinafter defined) under the Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 14th, 2006 • Cogdell Spencer Inc. • Real estate investment trusts
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVER (this “Amendment Agreement”) is made and entered into as of August 23, 2006 by and among COGDELL SPENCER LP, a Delaware limited partnership (“Borrower”), COGDELL SPENCER INC., a Maryland corporation (“CSI”), EACH SUBSIDIARY OF THE BORROWER PARTY TO THE GUARANTY (together with CSI, collectively, the “Guarantors” and individually, each a “Guarantor”), EACH LENDER SIGNATORY HERETO (collectively, the “Lenders” and individually, each a “Lender”), and BANK OF AMERICA, N.A., as the administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Swing Line Lender and L/C Issuer.
AMENDMENT NUMBER SIX TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • February 28th, 2012 • Powerwave Technologies Inc • Radio & tv broadcasting & communications equipment • California
This AMENDMENT NUMBER SIX TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of December 29, 2011, is entered into by and among POWERWAVE TECHNOLOGIES, INC., a Delaware corporation (“Borrower”), the lenders identified on the signature pages hereof (such lenders, and the other lenders party to the below defined Credit Agreement, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company (formerly known as Wells Fargo Foothill, LLC), as the arranger and administrative agent for the Lender Group (“Agent”), and in light of the following:
AMENDMENT NUMBER FIVE TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • November 4th, 2013 • Silicon Graphics International Corp • Electronic computers
This Amendment Number Five to Credit Agreement and Waiver (“Amendment”) is entered into as of July 12, 2013, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), on the one hand, and SILICON GRAPHICS INTERNATIONAL CORP., a Delaware corporation (“Parent”), SILICON GRAPHICS FEDERAL, LLC, a Delaware corporation, f/k/a Silicon Graphics Federal, Inc. (“Silicon Federal”; and together with Parent each individually a “Borrower”, and individually and collectively, jointly and severally, the “Borrowers”), on the other hand, with reference to the following facts:
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • August 14th, 2006 • Hewitt Associates Inc • Services-management consulting services • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Amendment”), dated as of August 11, 2006, is by and among HEWITT ASSOCIATES L.L.C., an Illinois limited liability company (the “Borrower”), HEWITT ASSOCIATES, INC., a Delaware corporation (“HAI”) and WACHOVIA BANK, NATIONAL ASSOCIATION, as administrative agent on behalf of the Lenders (defined below) under the Credit Agreement (defined below) (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement, as amended hereby.
FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • May 29th, 2020 • Red Robin Gourmet Burgers Inc • Retail-eating places • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND WAIVER (this “Agreement”), dated as of May 29, 2020, is by and among RED ROBIN INTERNATIONAL, INC., a Nevada corporation (the “Borrower”), RED ROBIN GOURMET BURGERS, INC., a Delaware corporation (the “Parent”), the Guarantors, the Lenders party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent on behalf of the Lenders under the Credit Agreement (as hereinafter defined) (in such capacity, the “Administrative Agent”).
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • December 20th, 2005 • Willis Lease Finance Corp • Wholesale-machinery, equipment & supplies • California
THIS THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND WAIVER (this "Amendment and Waiver") is entered into as of November , 2005 and amends in certain respects that Amended and Restated Credit Agreement, dated as of June 29, 2004, by and among WILLIS LEASE FINANCE CORPORATION, a Delaware corporation (the "Borrower"), each of the financial institutions that is, or pursuant to the terms thereof may become, a party as a Bank thereto (collectively, the "Banks"), NATIONAL CITY BANK, as Administrative Agent for the Banks (the "Administrative Agent"), and FORTIS BANK (NEDERLAND) N.V., as Structuring Agent and Security Agent for the Banks, as amended by that certain First Amendment to Amended and Restated Credit Agreement, dated as of September 24, 2004, and that certain Second Amendment to Amended and Restated Credit Agreement, dated as of December 9, 2004 (as so amended, the "Credit Agreement").
