[Section 2.2(h)] of the Business Financing Agreement is hereby amended in its entirety as follows:
[Section 2.11] of the Pre-Amendment Credit Agreement shall be amended as follows:
[Section 2.05(a)(ii)] (Reduction of Term Loan Commitments). [Section 2.05(a)(ii)] of the Financing Agreement is hereby amended and restated in its entirety to read as follows:
[Section 2.05(c)](Mandatory Prepayments). [Section 2.05(c)(v)] of the Financing Agreement is hereby amended and restated in its entirety to read as follows:
[Section 2.2(g)] of the Credit Agreement is hereby deleted in its entirety and restated to read as follows:
[Section 2.32] of the Plan is hereby amended in its entirety to read as follows:
[Section 2.06] of the Credit Agreement is hereby amended by adding a new clause (g) as set forth below:
[Section 2.18] of the Credit Agreement is hereby amended by # adding to clause (b)(i) the sentence “If requested by the applicable Issuing Lender in connection with any request for any Letter of Credit, the Borrower also shall submit a letter of credit application on such Issuing Lender’s standard form.” before the sentence beginning with “Upon receipt of a Notice of Issuance” and # adding to (c)(i) the words “examine drawing documents within the period stipulated by the terms and conditions of the Letter of Credit. After such examination, the Issuing lender will” after the words “, the Issuing Lender shall”.
[Section 2.13(a)] of the Sellers Disclosure Letter sets forth a true and complete list of each material Seller Benefit Plan as of the Effective Date.
[Section 2.14(a)] of the Sellers Disclosure Letter sets forth a list of the Acquired Company Employees as of the Effective Date, which list shall be amended prior to the Closing to reflect the addition of any employee who is hired by, or transferred to, an Acquired Company following the Effective Date and the removal of any individual whose employment with an Acquired Company is terminated prior to the Closing, and any employee of an Acquired Company whose work relates primarily to Mitchell (the “Mitchell Employees”) and whose employment is transferred from an Acquired Company to an Affiliate of the Sellers (other than the Acquired Companies) prior to the Closing Date. Sellers have provided to Purchaser the following information on a confidential basis: each Acquired Company Employee’s current base salary or wage rate and target bonus for the 2021 fiscal year (if any), position, date of hire (and, if different, years of recognized service), status as exempt or non-exempt under the Fair Labor Standards Act, and whether such Acquired Company Employee is on leave status, which information shall be updated prior to Closing to reflect changes made consistent with the first sentence of this [Section 2.14(a)].
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