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201309259
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201309259
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Last modified
1/1/2014 12:08:38 AM
Creation date
11/25/2013 8:40:19 AM
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DEEDS
Inst Number
201309259
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201309259 <br /> "Credit Agreement" shall mean that certain Credit Agreement, dated as of <br /> May 27, 2011 among JIBS USA, LLC (the "Borrower"), the several banks <br /> and other financial institutions or entities from time to time party thereto <br /> and the First Lien Agent, as amended by that certain First Amendment <br /> dated as of February 22, 2013 (the "First Amendment") by and among <br /> Borrower, JPMorgan Chase Bank,N.A., as administrative agent and the <br /> several lenders party thereto, as amended by that certain Increased Facility <br /> Activation Notice dated as of September 18, 2013 ("the Second <br /> Amendment") given by Borrower to JPMorgan Chase Bank,N.A., and <br /> agreed to by the several lenders party thereto, and consented to by the First <br /> Lien Agent, as the same may be further amended, amended and restated, <br /> supplemented or otherwise modified from time to time, which term shall <br /> also include and refer to (i) any amendment, restatement, supplement, or <br /> other modification providing for any increase in the amount of <br /> indebtedness under the Credit Agreement and any refinancing or <br /> replacement of the Credit Agreement (whether under a bank facility, <br /> securities offering or otherwise) or one or more successor or replacement <br /> facilities whether or not with a different group of agents or lenders <br /> (whether under a bank facility, securities offering or otherwise) and <br /> whether or not with different obligors upon the Administrative Agent's <br /> acknowledgment of the termination of the predecessor Credit Agreement. <br /> 1.2 In the definition of"Indebtedness", the phrase ", including, without <br /> limitation, those under the revolving credit facility contained therein" is hereby deleted and a <br /> period is hereby substituted therefor. <br /> 1.3 The last two sentences in the definition of"Indebtedness" are hereby <br /> deleted and the following sentences are hereby substituted therefor: <br /> THE MAXIMUM PRINCIPAL IND BTED E SECURED BY OR <br /> WHICH BY ANY CONTINGENCY MAY BE SECURED BY THIS <br /> DEED OF TRUST IS $2,450,000,000. INDEBTEDNESS DNESS ALSO <br /> INCLUDES OPTIONAL PRINCIPAL PAL FU URE ADVANCES, NOT <br /> INCL UDING SUMS ADVANCED' TO PROTECT THE SECURITY, <br /> WHICH NOT OT EXCEED THE TOTAL AL AMO UNT OF <br /> $2,450,000,000. <br /> 1.4 in the definition of"Secured Parties"the word "recitals" is hereby deleted <br /> and the word "preamble" is hereby substituted therefor. <br /> 1.5 The word"second" appearing in sections 3.1,3.2,5.4, and 6.2, are hereby <br /> deleted and the word "first" is hereby substituted therefor. " <br /> 1.6 All reference in the Existing Deed of Trust to the term`Deed of Trust" <br /> shall mean the Existing Deed of Trust, as amended by this Deed of Trust Amendment, as the <br /> same may be further amended, amended and restated, supplemented or otherwise modified from <br /> time to time. All references in the Existing Deed of Trust and in this Deed of Trust Amendment <br /> 3 <br /> 509265-1598-03097-Active.14924291.2 <br />
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