Common use of Amendment to Article 7 Clause in Contracts

Amendment to Article 7. Section 7.6 of the Loan Agreement, Investments ---------------------- ----------- and Acquisitions, is hereby amended by deleting subsections (a), (b) and (c) ---------------- thereof in their entirety and by substituting the following in lieu thereof: (a) the Borrower and any Restricted Subsidiary may directly or through a brokerage account or investment adviser (i) purchase marketable, direct obligations of the United States of America, its agencies and instrumentalities maturing within three hundred sixty-five (365) days of the date of purchase, (ii) purchase commercial paper, and other short-term obligations and business savings accounts issued by corporations, each of which shall have a combined net worth of at least $100,000,000 and each of which conducts a substantial part of its business in the United States of America, maturing within two hundred seventy (270) days from the date of the original issue thereof, and whose issuer is, at the time of purchase, rated "P-2" or better by ▇▇▇▇▇'▇ Investors Service, Inc. or "A-2" or better by Standard and Poor's Ratings Group, a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc., (iii) purchase repurchase agreements, bankers' acceptances, and domestic and Eurodollar certificates of deposit maturing within three hundred sixty-five (365) days of the date of purchase which are issued by, or time deposits maintained with, (A) a United States national or state bank (or any domestic branch of a foreign bank) subject to supervision and examination by federal or state banking or depository institution authorities and having capital, surplus and undivided profits totaling more than $100,000,000 and rated "A" or better by ▇▇▇▇▇'▇ Investors Service, Inc. or Standard and Poor's Ratings Group, a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc., or (B) a Broker/Dealer, and (iv) invest in money market funds having a rating from ▇▇▇▇▇'▇ Investors Service, Inc. and Standard and Poor's Ratings Group, a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc., in the highest investment category granted thereby; (b) so long as no Default then exists or would be caused thereby, any Restricted Subsidiary may establish Unrestricted Subsidiaries and make Investments in such Unrestricted Subsidiaries of up to, in the aggregate, at any time, the sum of (i) $60,000,000, with loans borrowed under the ATS Facility A Loan Agreement or the ATS Facility B Loan Agreement, and (ii) and equity proceeds not used to pay the Separation Obligations or to make Investments permitted under Sections 7.6(c) and (d) hereof' (c) so long as no Default then exists or would be caused thereby, and subject to compliance with Section 5.12 hereof, any Restricted Subsidiary may make Acquisitions; provided, however, that Acquisitions described in -------- ------- clause (iii) of the definition of "Acquisitions" and Acquisitions of other services businesses, such as construction and teleport businesses, shall not exceed at any time, in the aggregate, the sum of (i) $50,000,000, and (ii) equity proceeds not used to pay the Separation Obligations after the Agreement Date or to make Investments permitted under Section 7.6(b) and (d) hereof;"

Amendment to Article 7. Section 7.6 of the Loan Agreement, Investments ---------------------- ----------- and Acquisitions, is hereby amended by deleting subsections (a), (b) and (c) ---------------- thereof in their entirety and by substituting the following in lieu thereof: (a) the Borrower and any Restricted Subsidiary may directly or through a brokerage account or investment adviser (i) purchase marketable, direct obligations of the United States of America, its agencies and instrumentalities maturing within three hundred sixty-five (365) days of the date of purchase, (ii) purchase commercial paper, paper and other short-term obligations and business savings accounts issued by corporations, each of which shall have a combined net worth of at least $100,000,000 and each of which conducts a substantial part of its business in the United States of America, maturing within two hundred seventy (270) days from the date of the original issue thereof, and whose issuer is, at the time of purchase, rated "P-2" or better by ▇▇▇▇▇'▇ Investors Service, Inc. or "A-2" or better by Standard and Poor's Ratings Group, a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc., (iii) purchase repurchase agreements, bankers' acceptances, and domestic and Eurodollar certificates of deposit maturing within three hundred sixty-five (365) days of the date of purchase which are issued by, or time deposits maintained with, (A) a United States national or state bank (or any domestic branch of a foreign bank) subject to supervision and examination by federal or state banking or depository institution authorities and having capital, surplus and undivided profits totaling more than $100,000,000 and rated "A" or better by ▇▇▇▇▇'▇ Investors Service, Inc. or Standard and Poor's Ratings Group, a division of The ▇▇▇▇▇▇-- ▇▇▇▇ ▇, Companies, Inc., or (B) a Broker/Dealer, and (iv) invest in money market funds having a rating from ▇▇▇▇▇'▇ Investors Service, Inc. and Standard and Poor's Ratings Group, a division of The ▇▇▇▇▇▇-- ▇▇▇▇ ▇, Companies, Inc., Inc. in the highest investment category granted thereby; (b) so long as no Default then exists or would be caused thereby, any Restricted Subsidiary may establish Unrestricted Subsidiaries and make Investments in such Unrestricted Subsidiaries of up to, in the aggregate, at any time, the sum of (i) $60,000,000, 60,000,000 with loans borrowed under the ATS Facility A Loan this Agreement or the ATS Facility B Loan Agreement, and (ii) and equity proceeds not used to pay the Separation Obligations or to make Investments permitted under Sections 7.6(c) and (d) hereof'; (c) so long as no Default then exists or would be caused thereby, and subject to compliance with Section 5.12 5.13 hereof, any Restricted Subsidiary may make Acquisitions; provided, however, that Acquisitions described in of communications sites, tower -------- ------- clause (iii) of the definition of "Acquisitions" management businesses and Acquisitions of other services businesses, such as construction and teleport businesses, shall not exceed at any timeexceed, in the aggregate, at any time, the sum of (i) $50,000,000, 50,000,000 and (ii) equity proceeds not used to pay the Separation Obligations after the Agreement Date or to make Investments permitted under Section Sections 7.6(b) and (d) hereof;"