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This excerpt taken from the MRO 10-Q filed May 9, 2008. Administrative
Agent”).
W
I T N E S S E T H :
WHEREAS,
the Borrower has requested an extension of the term of the Credit Agreement
pursuant to Section 2.19 of the Credit Agreement; and
WHEREAS,
the parties desire to memorialize such extension through this Amendment rather
than through the documentary procedures set out in Section 2.19 of the Credit
Agreement; and
WHEREAS,
the aggregate amount of the Letter of Credit Liabilities under the Credit
Agreement does not currently exceed $250,000,000; and
WHEREAS,
the parties hereto desire to amend Section 2.18(a) of the Credit Agreement as
set forth herein;
NOW,
THEREFORE, the parties hereto agree as follows:
Section
1. Defined Terms;
References. Unless
otherwise specifically defined herein, each term used herein that is defined in
the Credit Agreement has the meaning assigned to such term in the Credit
Agreement. Each reference to “hereof”, “hereunder”, “herein” and “hereby” and
each other similar reference and each reference to “this Agreement” and each
other similar reference contained in the Credit Agreement shall, after this
Amendment becomes effective, refer to the Credit Agreement as amended
hereby.
Section
2. Amendment. Section
2.18(a) of the Credit Agreement is amended by changing the amount specified
therein from $500,000,000 to $250,000,000.
Section
3. Extension of
Termination Date. The Termination Date is extended for a period of
one-year to May 4, 2013, with respect to each Lender executing and delivering a
counterpart hereof.
Section
4. Representations of
Borrower. The
Borrower represents and warrants that (i) the representations and warranties of
the Borrower set forth in
Article
4 of the Credit Agreement will be true on and as of the Amendment Effective Date
and (ii) no Event of Default will have occurred and be continuing on such
date.
Section
5. Effect of
Amendments. Except as expressly set forth herein, the
amendments contained herein shall not constitute a waiver or amendment of any
term or condition of the Credit Agreement, and all such terms and conditions
shall remain in full force and effect and are hereby ratified and confirmed in
all respects.
Section
6. Governing Law. This
Amendment shall be governed by and construed in accordance with the laws of the
State of New York.
Section
7. Counterparts. This
Amendment 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.
Section
8. Effectiveness.
This Amendment shall become effective as of the date hereof (the “ |
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