Certain identified information has been excluded from the exhibit because it is both not material and would likely cause competitive harm to the registrant if publicly disclosed.
FIRST AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT
This FIRST AMENDMENT TO THE RESTRUCTURING SUPPORT AGREEMENT, dated as of August 20, 2020 (this Amendment), is made to the Restructuring Support Agreement, dated as of July 31, 2020 (the Agreement), by and among the Company and each of the undersigned Consenting Creditors (collectively, the Parties).1
WHEREAS, on July 31, 2020, the Parties entered into the Agreement;
WHEREAS, the Parties now desire to amend the Restructuring Support Agreement under the terms and conditions set forth herein; and
WHEREAS, following this Amendment, all terms of the Agreement not subject to this Amendment shall continue in full force in effect, as the same were in effect prior to the date of this Amendment.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Amendments. The Agreement is hereby amended as follows:
(a) Section 1(a). The definition of Support Date is amended and restated in its entirety as follows:
Support Date means August 20, 2020.
(b) Section 8(d)(vi). Section 8(d)(vi) is hereby deleted in its entirety.
Section 2. Acknowledgment. The Parties acknowledge that the Requisite Consenting Creditors and the Company have agreed on a term sheet with the banks and financial institutions that are party to the Credit Agreement with respect to an exit financing commitment, in accordance with Section 8(d)(iv) of the Restructuring Support Agreement by the date that is 14 days after the Petition Date. As a result, the Other Termination Event set forth in Section 8(d)(iv) has not occurred.
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Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Agreement.