11. Amendment of Definition of Terrm Credit Agreement. Section 1.01 of the Credit Agreement is hereby amended by amending and restating the definition of Term Credit Agreement so that it reads in full as follows:
Term Credit Agreement means that certain Amended and Restated Term Loan Credit Agreement, dated as of the Third Amendment Effective Date among PETIQ, Ares Capital Corporation, as administrative agent, and each other party thereto from time to time, as may be amended, amended and restated or otherwise modified from time to time in accordance with the terms thereof.
12. Amendment of Indebtedness Negative Covenant. Section 7.02(c) of the Credit Agreement is hereby amended and restated to read in full as follows:
(c) Indebtedness of the Credit Parties under the Term Credit Agreement and any Permitted Refinancing thereof;
13. Amendment of Form of Compliance Certificate. Exhibit D to the Credit Agreement is hereby amended and restated to read in full as set forth on Exhibit D to this Amendment ((changes to the text of Exhibit D are indicated with a
strikethrough or in bold, italicized and underscored type).
14. Commitment Fee. In consideration of the agreement of the Lenders to increase their respective Revolving Credit Commitments pursuant to this Amendment, on the date hereof, the Borrowers shall pay to the Administrative Agent, for the ratable benefit of the Lenders, a one-time commitment fee of $275,000.
15. Conditions Precedent. The effectiveness of this Amendment shall be subject to the satisfaction of each of the following conditions:
(a) This Amendment. Administrative Agent shall have received this Amendment, duly executed by the Borrowers, the Lenders, and Administrative Agent;
(b) Officers Certificate. Administrative Agent shall have received certificates attaching resolutions of the respective boards of directors, boards of managers or other applicable governing bodies of the Borrowers that authorize the Borrowers incurrence of the additional indebtedness contemplated hereunder;
(c) Term Loan Refinancing Documents. Administrative Agent shall have received a copy of the fully executed loan documents relating to the Permitted Refinancing of the Term Loan, including, without limitation, the Term Credit Agreement, and the maturity date of the Term Loan shall be at least six (6) months after the Maturity Date of the Obligations; and
(d) Fees. Administrative Agent shall have received payment of (i) the fee payable pursuant to Section 13 of this Amendment and (ii) the fees set forth in a separate letter agreement between Administrative Agent and the Borrowers dated as of the date hereof.