Amendments to Section 9.04 of the Credit Agreement

Amendments to Section 9.04 of the Credit Agreement. Section 9.04(a) of the Credit Agreement is hereby amended by (a) deleting the "and" at the end of clause (ii) thereof, (b) replacing the "." at the end of clause (iii) thereof with "; and", and (c) adding the following new clause (iv) thereto which shall read in full as follows: (iv) the Borrower may repurchase Equity Interests issued by it; provided that (A) no Default or Event of Default exists or results therefrom, (B) immediately after giving effect to such repurchase, Availability shall... not be less than 15% of the total Commitments at such time, (C) the Borrower will be in pro forma compliance with all financial covenants set forth in Section 9.01 immediately after giving effect to such repurchase, (D) the aggregate amount of such Restricted Payments made under this Section 9.04(a)(iv) shall not exceed $50,000,000, and (E) any such repurchase must be made, if at all, on or prior to the first anniversary of the Third Amendment Effective Date. View More