SUBPART II Clause Samples

SUBPART II. Section 2.8 of the Existing Credit Agreement ("Mandatory Prepayments of Loans") is amended as follows:

SUBPART II. Section 7.2.12 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

SUBPART II. Section 9.1 of the Existing Credit Agreement ("Event of Default") is amended as follows:

SUBPART II. Section 9.2.16 of the Existing Credit Agreement is hereby amended by deleting the word "and" at the end of subclause (ii), deleting the "." at the end of clause (iii) and replacing it with "; and" and adding a new clause (iv) at the end thereof to read as follows:

SUBPART II. Amendment to Article VIII. Article VIII of the Existing Credit Agreement is hereby amended by deleting Section 8.1.11.

SUBPART II. Section 7.1.16 of the Existing Credit Agreement is hereby amended by replacing the word "Subsidiaries" each time such word appears therein with the phrase "Subsidiaries (other than, at all times prior to the termination of the Permitted Receivables Transaction, Receivables Co.)".

SUBPART II. Section 7.2.7 of the Existing Credit Agreement is hereby amended by (i) deleting the phrase "(other than Receivables Co.)" and (ii) replacing the number "$12,500,000" with "$7,000,000".

SUBPART II. Section 1.1 ("Defined Terms") of the Existing Credit Agreement is hereby amended by inserting the following definitions in the appropriate alphabetical order: "'Master Subordination Agreement' means that certain Intercompany Subordination Agreement dated September 30, 1997 among the Borrower, the Agent Hartco, RHF, Worldwide Kitchens and the Restructuring Subsidiaries. "'Restructuring Subsidiaries' means, collectively, BHFG Corp., BHFL Corp., HFCG Corp., HFCL Corp., DTM Corp. and Hartco Hardwood Flooring L.P., all organized under the laws of the State of Delaware, and Bruce Hardwood Flooring L.P., organized under the laws of the ▇▇▇▇e of Texas." "'Restructuring Transactions' means the transactions described in Item 7.2.11 to the Disclosure Schedule." SUBPART II.1.2. The following defined terms in Section 1.1 ("Defined Terms") of the Existing Credit Agreement are hereby amended in their entirety to read as follows: "'Other Rental Obligations' means (without duplication) all monetary obligations of the Borrower or any of its Subsidiaries under any leasing or similar arrangement which, in accordance with GAAP, would not be classified as capitalized leases." "'Subsidiary' means, with respect to any Person, any Person of which more than 50% of the outstanding capital stock having ordinary voting power to elect a majority of the board of directors of such Person (irrespective of whether at the time capital stock of any other class or classes of such corporation shall or might have voting power upon the occurrence of any contingency), or if such Person is not a corporation, more than 50% of the outstanding shares, interests, participation or other equivalents (however designated) of such Person, is at the time directly or indirectly owned by such Person, by such Person and one or more other Subsidiaries of such Person, or by one or more other Subsidiaries of such Person." SUBPART II.1.3. Clause (b)(vi) of the definition of "Fixed Charge Coverage Ratio" in Section 1.1 ("Defined Terms") is hereby amended to read in its entirety as follows: "

SUBPART II. Section 8.1 of the Existing Credit Agreement ("Limitation on Liens") is amended as follows: