[Section 2.8] of the Plan is deleted in its entirety and replaced with the following:
[Section 2.12(b)(ii)] of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
[Section 2.1(g)] “Company” is hereby amended to read in full as follows:
[Section 2.1(p)] “Employer” is amended to read in full as follows:
[Section 2.1(s)] “Investment Indexes” is hereby amended to read in full as follows:
[Section 2.8(a)] shall be deleted in its entirety and replaced with the following:
[Section 2.2] shall be amended by replacing the phrase “Following the Thirteenth Amendment” in the fifth line thereof with “Following the Fourteenth Amendment”.
[Section 2.7(a)] of the Loan Agreement is hereby amended by adding a reference to the following at the end thereof:
[Section 2.2] of the Existing Agreement is hereby amended by deleting the first sentence of the second paragraph thereof and replacing it with the following:
[Section 2.4] of the Existing Agreement is hereby amended and restated in its entirety as follows:
This [Section 2.7] applies to all Awards other than Performance Units.
This [Section 2.262.27] shall supersede any provisions in [Section 10.1] to the contrary.
Notwithstanding [Section 2.2(a)], with respect to any Year in which a Director is initially elected or appointed to serve on the Board, such Director may elect no later than 30 days after the Director’s commencement of services as a member of the Board to defer all or any portion of any Eligible Compensation granted to such Director following the later of # the date of the Director’s commencement of services as a Director and # the date such Director’s irrevocable Deferral Election is filed with the Company.
Subject to [Section 2.13(e)] and [Section 9.02(c)] below, neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except # in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Borrowers and the Required , and # in the case of any other Loan Document, pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Loan Parties party thereto, with the consent of the Required ; provided that no such agreement shall # increase the Commitment of any Lender without the written consent of such Lender (including any such Lender that is a Defaulting Lender) directly affected thereby, # reduce the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon, or reduce any fees payable hereunder, without the
Subject to [Section 2.14], each Revolving Borrowing shall be comprised entirely of ABR Loans or Eurocurrency, Term Benchmark Loans or SONIA Loans as the relevant Borrower may request in accordance herewith; provided that each ABR Loan shall only be made in Dollars and shall only be made to . Each Lender at its option may make any Eurocurrency Revolving Loan denominated in a Foreign Currency by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan (and in the case of an Affiliate, the provisions of [[Sections 2.14, 2.15, 2.16 and 2.17]7]7]7]]7]7]7] shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of the relevant Borrower to repay such Loan in accordance with the terms of this Agreement.
Subject to [Section 2.10], each Borrower hereby unconditionally promises to pay to the Swingline Lender the then unpaid principal amount of such Swingline Loan with interest on the earlier of # the Maturity Date and (ii) (x) in the case of any Swingline Loan denominated in Dollars or euroEuro, on the seventh (7th) day after such Swingline Loan is made (or such shorter period with respect to principal or interest as the Swingline Lender and the applicable Borrower shall have agreed), and # in the case of any Swingline Loan denominated in an Agreed Currency other than Dollars or euroEuro on the thirtieth (30th) day after such Swingline Loan is made (or such shorter period with respect to principal or interest as the Swingline Lender and the applicable Borrower shall have agreed); provided, that upon receipt of written notice from the applicable Borrower no fewer than four (4) Business Days prior to such Swingline Loan’s due date, the Swingline Lender may in its sole and absolute discretion agree to continue such Swingline Loan described in [clause (y)] as a Swingline Loan for an additional thirty (30) day period (it being understood and agreed that an Interest Payment Date shall still occur on the then current due date); provided, however, that no Swingline Loan may be outstanding as a Swingline Loan for a period greater than 180 consecutive days.
Subject to [Section 2.06(e)(ii)(D)], each Reallocation shall be made pro rata among the Lenders whose Commitments are being reallocated from one type of Commitment to another, but shall not cause the Commitments of any other Lenders to change (but will result in a change in Applicable Percentages).
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