Common use of Amendment of the Existing Credit Agreement Clause in Contracts

Amendment of the Existing Credit Agreement. (i) The Existing Credit Agreement is hereby amended, effective as of the New Facility Effective Date (notwithstanding anything to the contrary in this Section 2), to replace Schedule 1.01A thereto in its entirety with Annex II attached hereto (as so amended, the “Amended Credit Agreement”, and the credit facility evidenced thereby, the “Amended Credit Facility”). (ii) The amendment of the Existing Credit Agreement as contemplated hereby shall not be construed to discharge or otherwise affect any Existing Outstanding Obligations accrued or otherwise owing under the Existing Credit Agreement and the other Loan Documents that have not been paid, it being understood that such obligations will continue to be evidenced as and constitute “Obligations” under and as defined in the Amended Credit Agreement and the Loan Documents payable in accordance with the terms thereof, to the extent not otherwise repaid in accordance with the terms hereof. (iii) From and after the effectiveness of the Amended Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Amended Credit Agreement.

Amendment of the Existing Credit Agreement. Effective as of the Amendment Effective Date: (ia) The Existing Credit Agreement is hereby amended, effective shall be amended to delete the stricken text (indicated textually in the same manner as the following example: ) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text) as set forth in the pages of the New Facility Effective Date (notwithstanding anything to the contrary in this Section 2), to replace Schedule 1.01A thereto in its entirety with Annex II Existing Credit Agreement attached as Exhibit A hereto (the Existing Credit Agreement, as so amended, the “Amended Credit Agreement”, and the credit facility evidenced thereby, the “Amended Credit Facility”). (iib) The amendment of All schedules and exhibits to the Existing Credit Agreement as contemplated hereby shall not be construed remain unchanged; provided that (x) Annex A-3 hereto shall replace Annex A-3 to discharge or otherwise affect any the Existing Outstanding Obligations accrued or otherwise owing under Credit Agreement, Exhibits B and E hereto shall replace Exhibits B and E to the Existing Credit Agreement and the Pricing Schedule attached hereto shall replace the Pricing Schedule attached to the Existing Credit Agreement and (y) certain new schedules (including each schedule to this Amendment) shall be incorporated into the Amended Credit Agreement as more fully indicated therein. (c) On and after the Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import, and each reference to the Existing Credit Agreement in any other Loan Documents that have not been paidDocument, it being understood that such obligations will continue shall be deemed a reference to be evidenced as and the Amended Credit Agreement. This Amendment shall constitute a “ObligationsLoan Document” under and as defined in for all purposes of the Amended Credit Agreement and the Loan Documents payable in accordance with the terms thereof, to the extent not otherwise repaid in accordance with the terms hereof. (iii) From and after the effectiveness of the Amended Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Amended Credit Agreement.

Amendment of the Existing Credit Agreement. In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree that, subject to the satisfaction of the conditions precedent set forth in clause 3: (ia) The the Existing Credit Agreement (but without all its Exhibits which, unless otherwise replaced pursuant to paragraphs (b) to (f) below, shall remain in the same form and continue to form part of the Existing Credit Agreement) is hereby amended, effective amended on the Amendment Effective Date so as to read in accordance with the form of the New Facility Effective Date (notwithstanding anything amended and restated credit agreement set out in Schedule 3, which will, together with the Exhibits to the contrary Existing Credit Agreement, whether replaced pursuant to paragraphs (b) to (f) below or not, continue to be binding upon each of the Parties hereto in this Section 2), to replace Schedule 1.01A thereto in accordance with its entirety with Annex II attached hereto (terms as so amended, amended and restated; (b) Exhibits A and B hereto shall replace Exhibits A-1 and D-2 to the “Amended Existing Credit Agreement respectively; (c) Exhibit C hereto shall replace Exhibit H-2 to the Existing Credit Agreement”, and the credit facility evidenced thereby, the “Amended Credit Facility”).; (iid) The amendment of Exhibit D hereto shall be attached to the Existing Credit Agreement as contemplated hereby a new Exhibit T thereto; and (e) Exhibit E hereto shall not be construed attached to discharge or otherwise affect any Existing Outstanding Obligations accrued or otherwise owing under the Existing Credit Agreement and the other Loan Documents that have not been paid, it being understood that such obligations will continue to be evidenced as and constitute “Obligations” under and as defined in the Amended Credit Agreement and the Loan Documents payable in accordance with the terms thereof, to the extent not otherwise repaid in accordance with the terms hereofa new Exhibit U thereto. (iii) From and after the effectiveness of the Amended Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Amended Credit Agreement.

Amendment of the Existing Credit Agreement. (ia) The Effective as of the Incremental Amendment Effective Date, the Existing Credit Agreement is hereby amended, effective amended to delete the stricken text (indicated textually in the same #96130611v6 #96130611v11 manner as of the New Facility Effective Date following example: stricken text) and to add the bold and double-underlined text (notwithstanding anything to indicated textually in the contrary same manner as the following example: double underlined text) as set forth in this Section 2), to replace Schedule 1.01A thereto in its entirety with Annex II attached hereto (as so amended, the “Amended Credit Agreement”, and the credit facility evidenced thereby, the “Amended Credit Facility”). (ii) The amendment pages of the Existing Credit Agreement attached as contemplated hereby shall not be construed Annex I hereto. (b) It is understood and agreed that the Tranche H Term Loans are “Incremental Loans”, the Tranche H Term Lender is an “Additional Lender,” the Tranche H Term Loan Commitment is an “Incremental Term Loan Commitment” and this Incremental Amendment is an “Incremental Commitment Amendment”, in each case, as defined in the Existing Credit Agreement. It is further understood and agreed that this Incremental Amendment and the Credit Agreement are each a “Loan Document”, as defined in the Existing Credit Agreement. (c) Exhibits J, ▇, L, M, N, O and P to discharge or otherwise affect any Existing Outstanding Obligations accrued or otherwise owing under the Existing Credit Agreement and the other Loan Documents that have not been paid, it being understood that such obligations will continue are hereby amended to be evidenced read as and constitute “Obligations” under and as defined set forth in the Amended Credit Agreement and the Loan Documents payable in accordance with the terms thereof, to the extent not otherwise repaid in accordance with the terms hereofAnnex II hereto. (iiid) From and after the effectiveness of the Amended Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer The Schedules to the Amended Existing Credit Agreement, and the term “Credit Agreement”, Agreement are hereby amended by adding ▇▇▇▇▇ ▇▇▇ hereto as used in the other Loan Documents, shall mean the Amended Credit Agreementa new Schedule A-7.

Amendment of the Existing Credit Agreement. In consideration of the mutual covenants in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree that, subject to the satisfaction of the conditions precedent set forth in clause 3: (ia) The the Existing Credit Agreement is hereby amended(but without all its Exhibits which, effective as of the New Facility Effective Date unless otherwise replaced pursuant to paragraphs (notwithstanding anything to the contrary in this Section 2b), (c) and (d) below, shall remain in the same form and continue to replace Schedule 1.01A thereto in its entirety with Annex II attached hereto (as so amended, the “Amended Credit Agreement”, and the credit facility evidenced thereby, the “Amended Credit Facility”). (ii) The amendment form part of the Existing Credit Agreement Agreement) is hereby amended on the Amendment Effective Date so as contemplated hereby shall not be construed to discharge or otherwise affect any Existing Outstanding Obligations accrued or otherwise owing under read in accordance with the form of the amended and restated credit agreement set out in Schedule 3, which will, together with the Exhibits to the Existing Credit Agreement and the other Loan Documents that have not been paid(whether replaced pursuant to paragraphs (b) to (d) below or not), it being understood that such obligations will continue to be evidenced binding upon each of the Parties hereto in accordance with its terms as so amended and constitute “Obligations” under and as defined restated; (b) Exhibit A hereto shall replace the Commitments of the Initial FEC Lender set out in Exhibit A- 1 of the Existing Credit Agreement; (c) Exhibit B hereto shall be attached to the Amended Credit Agreement and as new Exhibit K of the Loan Documents payable in accordance with the terms thereof, to the extent not otherwise repaid in accordance with the terms hereof.Existing Credit Agreement; and (iiid) From and after Exhibit C hereto shall replace the effectiveness Form of Loan Request set out in Exhibit A-2 of the Amended Credit Agreement, the terms “Agreement”, “this Agreement”, “herein”, “hereinafter”, “hereto”, “hereof” and words of similar import, as used in the Amended Credit Agreement, shall, unless the context otherwise requires, refer to the Amended Credit Agreement, and the term “Credit Agreement”, as used in the other Loan Documents, shall mean the Amended Existing Credit Agreement.