LAD » Topics » 17.3 Maximum Revolving Loan Amount. Section 2.1.1 of the Loan Agreement is deleted and replaced with the following:

These excerpts taken from the LAD 10-K filed Apr 11, 2008.

17.3 Maximum Revolving Loan Amount. Section 2.1.1 of the Loan Agreement is deleted and replaced with the following:

2.1.1 Maximum Amount. Subject to the terms and conditions of this Agreement, each Lender severally and not jointly agrees to make loans (each a “Revolving Loan” and collectively, the “Revolving Loans”) to Borrower on a revolving credit basis during the period from the Closing Date to but not including the Expiration Date; provided that (a) the aggregate outstanding principal balance of the Revolving Loans made by each Lender, plus the outstanding principal balance of such Lender’s participating interest in the Swingline Loans and Letters of Credit shall not at any time exceed an amount equal to such Lender’s Revolving Loan Commitment; (b) the outstanding

 

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principal balance of all Revolving Loans shall not at any time exceed, in the aggregate, as to all Lenders, the Maximum Amount, and (c) the outstanding principal balance of all Revolving Loans, plus the outstanding principal balance of all Swingline Loans, plus the LC Outstandings shall not at any time exceed, in the aggregate, as to all Lenders, the Maximum Amount.

17.3 Maximum Revolving Loan Amount. Section 2.1.1 of the Loan Agreement is deleted and replaced with
the following:

2.1.1 Maximum Amount. Subject to the terms and conditions of this Agreement, each Lender severally and not
jointly agrees to make loans (each a “Revolving Loan” and collectively, the “Revolving Loans”) to Borrower on a revolving credit basis during the period from the Closing Date to but not including the Expiration Date; provided
that (a) the aggregate outstanding principal balance of the Revolving Loans made by each Lender, plus the outstanding principal balance of such Lender’s participating interest in the Swingline Loans and Letters of Credit shall not at any
time exceed an amount equal to such Lender’s Revolving Loan Commitment; (b) the outstanding

 


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principal balance of all Revolving Loans shall not at any time exceed, in the aggregate, as to all Lenders, the Maximum Amount, and (c) the outstanding
principal balance of all Revolving Loans, plus the outstanding principal balance of all Swingline Loans, plus the LC Outstandings shall not at any time exceed, in the aggregate, as to all Lenders, the Maximum Amount.

STYLE="margin-top:12px;margin-bottom:0px; margin-left:4%; text-indent:4%">17.4 Deletion of Overadvance Fee. Section 2.7 of the Loan Agreement is hereby deleted.

STYLE="margin-top:6px;margin-bottom:0px; margin-left:4%; text-indent:4%">17.5 Maximum Swingline Loan Amount. Section 3.1.1 of the Loan Agreement is deleted and replaced with the following:

3.1.1 Maximum Amount. Subject to the terms and conditions of this Agreement, the Swingline Lender agrees to make loans (each, a
“Swingline Loan” and collectively, the Swingline Loans”) to Borrower on a revolving credit basis during the period from the Closing Date to but not including the Expiration Date; provided that (a) the aggregate outstanding
principal balance of the Swingline Loans shall not at any time exceed the Swingline Commitment; and (b) the outstanding principal balance of all Revolving Loans made by all Lenders plus the outstanding principal balance of all Swingline Loans,
plus the LC Outstandings, shall not at any time exceed the Maximum Amount.

EXCERPTS ON THIS PAGE:

10-K (2 sections)
Apr 11, 2008
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