[Schedules 1], 6.2, 6.11, 6.17, 6.23 and 6.25 to the Credit Agreement are hereby amended and restated in its entirety to read as set forth on, respectively, [Schedules 1], 6.2, 6.11, 6.17, 6.23 and 6.25 attached hereto and any reference contained in the Agreement to “the date hereof” with respect to the information set forth on such Schedules is hereby amended to read “the Second Amendment Effective Date”.
In [Sections 6.10, 6.13, 6.17 and 6.20]0]0]0], each reference to “Closing Date” is hereby replaced with a reference to “Third Amendment Effective Date”.
Effective as of January 1, 2007, [Section 6.03] of the Plan is hereby amended to provide as follows:
Upon the Fourth Amendment Effective Date, [Section 6.1(q)] of the Loan Agreement is hereby deleted in its entirety and replaced with the following:
The Debtors allege that they are exempt from the requirements of section 1123(a)(6) of the Bankruptcy Code because the Reorganized Debtors are not corporations. In any event, the formation documents of the limited liability agreements for the reorganized debtor comply with the prohibitions and requirements of § 1123(a)(6) in the event that they are corporations for the purposes of the Bankruptcy Code.
ARTICLE # -- DISTRIBUTIONS AND WITHDRAWALS 7
Article # Miscellaneous 6
Subject to [Sections 6.02(b) and 6.03]3], the shall be responsible for the determination of benefits with respect to the Reinsured Liabilities in accordance with Article X, applicable Law and the terms and conditions of the Reinsured Policies and this Agreement.
Clauses 4, 6, 7.4, 7.5,7.6, 8, 9.5, 9.6 and 10 will survive termination or expiry of this Agreement for whatever reason.
Changes in Reference Investment Fund or Funds under [Section 6.4(d)(2)] of the Plan.
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