This excerpt taken from the FL 8-K filed May 18, 2005.
New Pricing Schedule). The New Pricing Schedule shall apply to interest and fees accruing under the Credit Agreement on and after May 17, 2005. The Existing Pricing Schedule shall continue to apply to interest and fees accruing under the Credit Agreement prior to May 17, 2005.
SECTION 3. Representation and Warranties. The Company and each other Obligor represents and warrants that, on and as of the Amendment No. 1 Effective Date, (a) the representations and warranties of the Obligors contained in the Loan Documents are true and (b) no Default has occurred and is continuing.
SECTION 4. Governing Law. This Amendment No. 1 shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 5. Counterparts; Effectiveness. This Amendment No. 1 may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Amendment No. 1 shall become effective as of the date (the