FIXED RATE TRANCHE IS PAID IN FULL, AT A RATE PER ANNUM EQUAL TO
THE GREATER OF (I) FIVE AND ONE-HALF OF ONE PERCENT (5.50%) OR (II) THE SUM OF
(X) THE APPLICABLE LIBOR RATE FOR SUCH FIXED RATE TRANCHE, PLUS (Y) THE
APPLICABLE SPREAD FOR THE INTEREST PERIOD THEN IN EFFECT FOR SUCH FIXED RATE
TRANCHE.
2.8
AMENDMENT OF SECTION 3(I).
SECTION 3(I) OF
THE AGREEMENT IS HEREBY AMENDED TO DELETE "OR LENDER" FROM SUCH SECTION, AND TO
DELETE "SECTION 3(I)(3)" AND REPLACE IT WITH "SECTION 3(I)".
2.9
AMENDMENT OF SECTION 4(B).
SECTION 4(B) OF
THE AGREEMENT IS HEREBY AMENDED TO DELETE "MARCH 13, 2010" AND REPLACE IT WITH
"MARCH 1, 2011" AND TO ADD THE FOLLOWING SENTENCE AT THE END THEREOF:
"ANY
EXTENSION OF THE MATURITY DATE SHALL BE IN THE SOLE AND ABSOLUTE DISCRETION OF
LENDER."
2.10
AMENDMENT AND RESTATEMENT OF SECTION 4(D).
SECTION 4(D) IS HEREBY AMENDED AND RESTATED TO READ AS FOLLOWS:
(D)
LATE CHARGE.
IF ANY PAYMENT REQUIRED UNDER
THIS AGREEMENT IS NOT PAID WITHIN TEN (10) DAYS AFTER IT BECOMES DUE AND
PAYABLE, BORROWER SHALL PAY A LATE CHARGE FOR LATE PAYMENT TO COMPENSATE LENDER
FOR THE LOSS OF USE OF FUNDS AND FOR THE EXPENSES OF HANDLING THE DELINQUENT
PAYMENT, IN AN AMOUNT EQUAL TO FOUR PERCENT (4%) OF SUCH DELINQUENT PAYMENT.
SUCH LATE CHARGE SHALL BE PAID IN ANY EVENT NOT LATER THAN THE DUE DATE OF THE
NEXT SUBSEQUENT INSTALLMENT OF PRINCIPAL AND/OR INTEREST.
IN THE EVENT THE
MATURITY OF THE OBLIGATIONS HEREUNDER OCCURS OR IS ACCELERATED, THIS
SECTION SHALL APPLY ONLY TO PAYMENTS OVERDUE PRIOR TO THE TIME OF SUCH
ACCELERATION.
THIS SECTION SHALL NOT BE DEEMED TO BE A WAIVER OF LENDER'S RIGHT
TO ACCELERATE PAYMENT OF ANY OF THE OBLIGATIONS AS PERMITTED UNDER THE TERMS OF
THIS AGREEMENT.
2.11
AMENDMENT OF SECTION 4(E).
SECTION 4(E) OF THE
AGREEMENT IS HEREBY AMENDED TO (A) DELETE "ONE QUARTER OF ONE-PERCENT (.0.25%)"
IN THE FIRST SENTENCE AND REPLACING IT WITH "FOUR-TENTHS OF ONE PERCENT
(0.40%)," AND (B) DELETING THE THIRD SENTENCE AND ALL THE LANGUAGE FOLLOWING THE
THIRD SENTENCE."
2.12
AMENDMENT OF SECTION 6(D).
SECTION 6(D) OF THE
AGREEMENT IS HEREBY AMENDED TO DELETE THE NUMBER "(1)," TO DELETE "OR THE ONE
YEAR FIXED RATE TRANCHE," TO DELETE "; AND" AT THE END OF THE PARAGRAPH FORMERLY
NUMBERED "(1)," AND TO DELETE PARAGRAPH (2) IN ITS ENTIRETY.
6
2.13
AMENDMENT OF SECTION 11.
SECTION 11 OF THE
AGREEMENT IS HEREBY AMENDED AS FOLLOWS:
2.13.1
SECTION 11(G)(2) OF THE AGREEMENT IS AMENDED AND
RESTATED TO READ AS FOLLOWS:
(2)
QUARTERLY FINANCIAL STATEMENTS, PROJECTED
FINANCIAL STATEMENTS AND OPERATING AND CAPITAL PLAN UPDATES.
NO LATER THAN
SIXTY (60) DAYS AFTER THE END OF EACH FISCAL QUARTER: (I) INTERNALLY PREPARED
QUARTERLY FINANCIAL STATEMENTS CONTAINING THE SAME INFORMATION REGULARLY
GENERATED BY BORROWER ON ITS INTERNAL QUARTERLY FINANCIAL STATEMENTS AND ITS
QUARTERLY FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION ON FORM 10-Q,
ACCOMPANIED BY A COMPLIANCE CERTIFICATE FROM BORROWER'S CHIEF FINANCIAL OFFICER,
IN THE FORM