Amendment Effective Date and the consummation of the transactions
contemplated hereby, the amount of the “Revolving Credit Aggregate
Commitment” shall be $175,000,000.00, subject to reduction or termination
under Section 2.10 of the Credit Agreement and (ii) acknowledges and agrees
that (A) Borrower has directed Agent to offer the New Revolving Credit
Commitment to Comerica and (B) Comerica has agreed to provide the New
Revolving Credit Commitment and will be a Revolving Credit Lender under
the Credit Agreement and the other Loan Documents from and after the
Second Amendment Effective Date.
3.Modifications to Credit Agreement.
(a)Amendment to Credit Agreement. The Credit
Agreement is hereby amended as follows:
(i)Section 1.1 of the Credit Agreement is
hereby amended by amending and restating each of the following
defined terms as follows:
““First Amendment Effective Date” has the meaning set forth
in the First Amendment, which date was, for the avoidance of doubt,
January 24, 2023.”
““Revolving Credit Aggregate Commitment” means, as of the
Second Amendment Effective Date, One Hundred Seventy-Five
Million Dollars ($175,000,000.00), as adjusted from time to time in
accordance with the terms hereof.”
““Swing Line Maximum Amount” means, as of the Second
Amendment Effective Date, Sixty-Five Million Six Hundred Twenty-
Five Thousand Dollars ($65,625,000), as adjusted from time to time in
accordance with the terms hereof.”
(ii)Section 1.1 of the Credit Agreement is hereby
amended by adding the following defined terms in appropriate
alphabetical order as follows:
““Second Amendment” means that certain Second Amendment
to Revolving Credit Agreement, dated as of the Second Amendment
Effective Date, by and among Borrower, the Additional Lender party
thereto and the Agent.”
““Second Amendment Effective Date” has the meaning set
forth in the Second Amendment, which date was, for the avoidance of
doubt, January 27, 2023.”
(iii)Section 2.13(a) of the Credit Agreement is
hereby amended by deleting the reference to “First Amendment
Effective Date, $50,000,00” and inserting in lieu thereof the following:
“Second Amendment Effective Date, $25,000,000”.
(b)Annex III. Annex III of the Credit Agreement is hereby
amended and restated in its entirety as set forth in Exhibit A attached hereto.