[Section 6.7] (Financial Covenants). [Section 6.7(a)] of the Loan Agreement is hereby amended in its entirety and replaced with the following:
[Section 6.10] (Access to Collateral; Books and Records). [Section 6.10] of the Loan Agreement is hereby amended by deleting the reference to Eight Hundred Fifty Dollars ($850) in the penultimate sentence thereof and replacing it with One Thousand Dollars ($1,000).
[Section 6.01(f)] of the Existing Credit Agreement is amended and restated in its entirety as follows:
[Section 6.02(g)] of the Existing Credit Agreement is amended by changing the period (“.”) at the end of [Section 6.02(g)] to a semicolon (“:”) followed immediately by “and”. The following is added as a new [Section 6.02(h)]:
[Section 6.03(a)(iii)] of the Existing Credit Agreement is amended by replacing “thirty (30) days” with “fifteen (15) days”.
[Section 6.12(iv)] of the Existing Credit Agreement is amended and restated in its entirety as follows: “(iv) Bonding Obligations (i.e., surety, bid, payment, performance) entered into by the Company or any Subsidiary in the ordinary course of business,”.
[Section 6.7] (Liquidity Ratio). [Section 6.7] of the Loan Agreement hereby is amended and restated in its entirety to read as follows:
Clause 6.1(f)(ii) of the Receivables Transfer Agreement shall be amended in its entirety to read as follows:
[Schedule 6.6(b)] sets forth a complete and accurate list of all real estate Leases under which Borrower or any of its Subsidiaries is the lessee on the Second Amendment Effective Date, showing as of such date the street address, county or other relevant jurisdiction, state, lessor, lessee, expiration date and annual rental cost thereof. Each such Lease is the legal, valid and binding obligation of the lessor thereof, enforceable in
Clause 6.1 does not apply to the extent any Increased Cost is attributable to the wilful breach by the Lender or its affiliates of any law or regulation or to the transfer, assignment or subparticipation of this facility in accordance with Clause 6.1.
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