[Section 1.04(b)] of the Existing Credit Agreement is amended to add the following proviso to the end of the first sentence thereof: “; provided that, solely for purposes of determining compliance with the Restricted Payment Requirements in connection with any repurchase by the Borrower of its common Equity Interests on or about the Amendment No. 1 Effective Date, this clause (ii) shall not apply to the proceeds of any Convertible Debt Securities issued on or about the Amendment No. 1 Effective Date.”

Amendments to the Existing Credit Agreement. Effective as of the Amendment No. 2 Effective Date (as defined below), [Section 1.04(b)] of the Existing Credit Agreement is amended to amend and restate the proviso appearing at the end of the first sentence thereof as follows: “; provided that, solely for purposes of determining compliance with the Restricted Payment Requirements in connection with any repurchase by the Borrower of its common Equity Interests, this clause (ii) shall not apply to the proceeds of the first issuance of Convertible Debt Securities occurring after the Amendment No. 1 Effective Date.”