Third Amended And Restated Credit Agreement

“ii) a recipient, an administrator, a controller, a curator, an administrator, paragraph 1.01 of the credit contract is amended herein by adding, in an appropriate alphabetical order, the following definitions: c) Section 1.01 of the credit contract is amended by this amendment and amendment to clause y) of the definition of the Daily LIBOR in this amendment, this amendment becomes a binding agreement between the parties and takes effect on the date (the “fifth deadline for amendment”) during which each of the following conditions is met or struck down: (i) Section 3.01(a) (a) (i) (C) of the credit contract is amended and, as a whole, as follows: “Section 9.13. Recovering defective payments. Without limitation of any other provision of this agreement, where the administrator makes, at any time, by mistake, a payment under this agreement to a lender or issuer L/C (the “credit party”), whether or not it is an obligation due or owed by the borrower on that date, if that payment is a revocable amount: In such a case, each party to the credit that receives a revocable amount immediately accepts, at the request of the administration officer, the amount to be recovered received from that part of credit, in funds immediately available in the currency thus obtained and obtained with interest, for each day and including the date on which this revocable amount is paid at the effective rate of higher quotes and an interbank interest rate set by the administrative commitment. , in accordance with banking industry rules. Each party to the credit irrevocably renounces any defence, including any “value relief” (otherwise, a creditor could assert the right to withhold funds mistakenly paid by a third party for a debt owed by another) or a similar defence to its obligation to return an amount returned. The administration official immediately informs any party to the credit when it finds that any payment made to that part of the credit includes, in whole or in part, a revocable amount.” “f) insolvency proceedings, etc.