Common use of Minimum Amounts and Maximum Number of Tranches Clause in Contracts

Minimum Amounts and Maximum Number of Tranches. All borrowings, conversions and continuations of Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, after giving effect thereto, the aggregate principal amount of the Loans comprising each Eurodollar Tranche shall be equal to $5,000,000 or a whole multiple of $100,000 in excess thereof. All Loans hereunder may be converted or continued into Base Rate Loans without reference to the minimum principal amount requirements for new Base Rate borrowings set forth in Section 2.2 above. In no event shall there be more than 15 Eurodollar Tranches outstanding at any time. 1.6. The second sentence of Section 3.5(a) of the Credit Agreement is hereby stricken and amended to read as follows: "The Issuing Lender shall provide notice to the Borrower on each Business Day on which a draft is presented indicating the amount of (i) such draft so paid and (ii) any taxes, fees, charges or other costs or expenses incurred by the Issuing Lender in connection with such payment." 1.7. Section 6.1 of the Credit Agreement is hereby stricken and amended to read as follows: (a) as soon as available, but in any event within 95 days after the end of each fiscal year of the Borrower, (i) a copy of the consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such year and the related consolidated statements of income and retained earnings and of cash flows for such year, setting forth in each case in comparative form the figures for the previous year, reported on without a "going concern" or like qualification or exception, or qualification arising out of the scope of the audit, by independent certified public accountants of nationally recognized standing and (ii) an unaudited unconsolidated balance sheet of Holdings prepared on an equity basis (without footnote disclosure) certified by a Responsible Officer of Holdings as being fairly stated in all material respects; (b) as soon as available, but in any event not later than 50 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower, the unaudited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such quarter and the related unaudited consolidated statements of income and retained earnings and of cash flows of the Borrower and its consolidated Subsidiaries for such quarter and the portion of the fiscal year through the end of such quarter, setting forth in each case in comparative form the figures for the previous year, certified by a Responsible Officer as being fairly stated in all material respects (subject to normal year-end audit adjustments)." 1.8. Exhibit G to the Credit Agreement is hereby stricken an amended to read as Exhibit A hereto.

Minimum Amounts and Maximum Number of Tranches. All borrowings, conversions and continuations of Eurodollar Loans hereunder and all selections of Interest Periods hereunder shall be in such amounts and be made pursuant to such elections so that, after giving effect thereto, the aggregate principal amount of the Eurodollar Loans comprising each Eurodollar Tranche shall be equal to $5,000,000 100,000 or a whole multiple of $100,000 in excess thereof. All Loans hereunder may be converted or continued into Base Rate Loans without reference to the minimum principal amount requirements for new Base Rate borrowings set forth in Section 2.2 above. In no event shall there be more than 15 ten (10) Tranches of Eurodollar Tranches Loans outstanding at any time. 1.6. The second sentence All borrowings and repayments of Section 3.5(aPrime Rate Loans hereunder shall be in such amounts so that, after giving effect thereto, the aggregate principal amount of the Prime Rate Loans shall be equal to $100,000 or a whole multiple in excess thereof, or if less, the remaining available Commitments hereunder. Interest Rates and Payment Dates. Each Eurodollar Loan shall bear interest for each day during each Interest Period with respect thereto at a rate per annum equal to the Eurodollar Rate determined for such day plus the Applicable Margin in effect for such day. Each Prime Rate Loan shall bear interest for each day at a rate per annum equal to the Prime Rate plus the Applicable Margin in effect for such day. If all or a portion of any principal of any Loan shall not be paid when due (whether at the stated maturity, by acceleration or otherwise), such principal amount of the Loan shall bear interest at a rate per annum which is the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this subsection 4.10(c) plus 2%. Interest on each Loan shall be payable in arrears on each Interest Payment Date provided that interest accruing pursuant to paragraph (c) of the Credit Agreement is hereby stricken and amended this subsection 4.10 shall be payable from time to read as follows: "The Issuing Lender shall provide notice time on demand. Notwithstanding anything to the Borrower on each Business Day on which a draft is presented indicating contrary contained herein, in no event shall the amount of (i) such draft so paid and (ii) any taxes, fees, charges or other costs or expenses incurred by the Issuing Lender Borrowers be obligated to pay interest in connection with such payment." 1.7. Section 6.1 excess of the Credit Agreement maximum amount which is hereby stricken and amended to read as follows: (a) as soon as available, but in any event within 95 days after the end of each fiscal year of the Borrower, (i) a copy of the consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such year and the related consolidated statements of income and retained earnings and of cash flows for such year, setting forth in each case in comparative form the figures for the previous year, reported on without a "going concern" or like qualification or exception, or qualification arising out of the scope of the audit, by independent certified public accountants of nationally recognized standing and (ii) an unaudited unconsolidated balance sheet of Holdings prepared on an equity basis (without footnote disclosure) certified by a Responsible Officer of Holdings as being fairly stated in all material respects; (b) as soon as available, but in any event not later than 50 days after the end of each of the first three quarterly periods of each fiscal year of the Borrower, the unaudited consolidated balance sheet of the Borrower and its consolidated Subsidiaries as at the end of such quarter and the related unaudited consolidated statements of income and retained earnings and of cash flows of the Borrower and its consolidated Subsidiaries for such quarter and the portion of the fiscal year through the end of such quarter, setting forth in each case in comparative form the figures for the previous year, certified by a Responsible Officer as being fairly stated in all material respects (subject to normal year-end audit adjustments)chargeable under applicable law." 1.8. Exhibit G to the Credit Agreement is hereby stricken an amended to read as Exhibit A hereto.