Common use of Termination and Replacement Clause in Contracts

Termination and Replacement. Subject to the conditions set forth in Section 2 hereof: (i) The Second Credit Agreement, including all schedules and exhibits thereto, is hereby terminated, subject to the applicable provisions set forth therein as to the survival of certain rights and obligations, and simultaneously replaced by a new credit agreement (the "New Credit Agreement") identical in form and substance to the Original Credit Agreement, except as expressly set forth below. (ii) The heading of the New Credit Agreement shall read as follows: "THIS CREDIT AGREEMENT is entered into as of October 10, 2003, among ▇▇▇▇▇▇▇ & ▇▇▇▇ Financial, Inc. (the "Borrower"), the several financial institutions from time to time party to this Agreement (collectively, the "Lenders" and each individually, a "Lender"), and JPMORGAN CHASE BANK ("JPMorgan"), as administrative agent for the Lenders (herein in such capacity, together with any successors thereto in such capacity, the "Administrative Agent")." (iii) The New Credit Agreement is hereby amended by deleting all references to the term "The Chase Manhattan Bank" therein and by substituting in lieu thereof the term "JPMorgan Chase Bank". (iv) The New Credit Agreement is hereby amended by deleting all references to the date "October 12, 2001" therein and by substituting in lieu thereof the date "October 10, 2003". (v) The New Credit Agreement is hereby amended by deleting all references to the amount "$330,000,000" therein and by substituting in lieu thereof the amount "$300,000,000." (vi) Section 1.01 of the New Credit Agreement is hereby amended by deleting therefrom the definitions of the following defined terms in their entirety and substituting in lieu thereof the following definitions:

Termination and Replacement. Subject to the conditions set forth in Section 2 hereof: (i) The Second the Original Credit Agreement, including all schedules and exhibits thereto, is hereby terminated, subject to the applicable provisions set forth therein as to the survival of certain rights and obligations, and simultaneously replaced by a new credit agreement (the "New Credit Agreement") identical in form and substance to the Original Credit Agreement, except as expressly set forth below. (ii) The the heading of the New Credit Agreement shall read as follows: "THIS CREDIT AGREEMENT is entered into as of October 1011, 20032002, among ▇▇▇▇▇▇▇ & ▇▇▇▇ Financial, Inc. (the "Borrower"), the several financial institutions from time to time party to this Agreement (collectively, the "Lenders" and each individually, a "Lender"), and JPMORGAN CHASE BANK ("JPMorgan"), as administrative agent for the Lenders (herein in such capacity, together with any successors thereto in such capacity, the "Administrative Agent")." (iii) The New Credit Agreement is hereby amended by deleting Deleting all references to the term "The Chase Manhattan Bank" therein and by substituting in lieu thereof the term "JPMorgan Chase Bank". (iv) The New Credit Agreement is hereby amended by deleting Deleting all references to the date "October 12, 2001" therein and by substituting in lieu thereof the date "October 1011, 20032002". (v) The New Credit Agreement is hereby amended by deleting all references to the amount "$330,000,000" therein and by substituting in lieu thereof the amount "$300,000,000." (vi) Section 1.01 of the New Credit Agreement is hereby amended by deleting therefrom the definitions of the following defined terms in their entirety and substituting in lieu thereof the following definitions: