This excerpt taken from the BPL 8-K filed Aug 28, 2007.
Lender to increase its Revolving Credit Commitment shall be made in its sole discretion independently from any other Lender.
(c) Section 2.11 of the Credit Agreement is hereby amended by replacing the first sentence of such section in its entirety with the following sentence:
From time to time, but at least 45 days prior to the scheduled Termination Date then in effect, the Borrower may (but in no event more than once per calendar year or twice in the aggregate during the term of this Agreement), by written notice to the Agent, request that the scheduled Termination Date then in effect be extended for a twelve-month period, effective as of a date selected by the Borrower (the Extension Effective Date); the Extension Effective Date shall be at least 45 days, but not more than 60 days, after the date such extension request is received by the Agent (the Extension Request Date).
(d) Sections 8.04, 8.10 and 9.19 of the Credit Agreement are hereby deleted in their entirety.
(e) Section 9.01 of the Credit Agreement is hereby amended deleting the word and from the end of Subsection (g), by replacing Subsection (h) with the following Subsection (h) and by adding the following Subsection (i) to such Section:
(h) Other unsecured Debt of the Borrower and the Restricted Subsidiaries so long as at the time such Debt is incurred, and after giving pro forma effect to the incurrence and applications of the proceeds thereof, the Borrower shall be in pro forma compliance with the financial covenants contained in Section 9.12 and no Default or Event of Default shall have occurred and be continuing and provided that no Restricted Subsidiary which is not also a Guarantor shall incur third-party debt in excess of $25,000,000 in the aggregate; and
(i) From and after the Lodi Closing, Debt of Lodi and its Subsidiaries (the Lodi Debt); provided that such Debt will be repaid within 15 Business Days of the Lodi Closing.
(f) Section 9.02 of the Credit Agreement is hereby amended deleting the word and from the end of Subsection (c), by removing the period and inserting the word and at the end of Subsection (d) and by adding the following Subsection (e) to such Section:
(e) Liens securing the Lodi Debt; provided that such Liens are terminated within 15 Business Days of the Lodi Closing.
(g) Section 9.12 of the Credit Agreement is hereby amended by replacing such section in its entirety with the following: