Metris Companies Inc Watch

from 10-K 18 pages Whereas, the Borrower, the Lenders (Such Term and Other Capitalized Terms Used Herein and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement), the Administrative Agent and the Collateral Agent, Are Parties to the Credit Agreement Providing for the Extension of Credit to Borrower in the Form of Term Loans in the Aggregate Principal Amount of $300,000,000; Whereas, the Borrower Has Requested That Certain Provisions of the Credit Agreement Be Amended, and the Administrative Agent, the Collateral Agent and the Required Lenders Are Willing to So Amend the Credit Agreement, on the Terms and Conditions Set Forth in This Amendment; Now, Therefore, in Consideration of the Mutual Covenants and Undertakings Herein Contained, and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto Hereby Agree as Follows: 1. Amendments to Credit Agreement. (A) Definition of “Auction Rate Securities.” Section 1.01 of the Credit Agreement Is Hereby Amended by Adding a New Definition of “Auction Rate Securities” to Read as Follows

from 10-K 19 pages Whereas, the Borrower, the Lenders (Such Term and Other Capitalized Terms Used Herein and Not Otherwise Defined Herein Shall Have the Meanings Assigned to Such Terms in the Credit Agreement), the Administrative Agent and the Collateral Agent, Are Parties to the Credit Agreement Providing for the Extension of Credit to Borrower in the Form of Term Loans in the Aggregate Principal Amount of $300,000,000; Whereas, the Borrower Has Requested That Certain Provisions of the Credit Agreement Be Amended, and the Administrative Agent, the Collateral Agent and the Required Lenders Are Willing to So Amend the Credit Agreement, on the Terms and Conditions Set Forth in This Amendment; Now, Therefore, in Consideration of the Mutual Covenants and Undertakings Herein Contained, and for Other Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto Hereby Agree as Follows: 1. Amendments to Credit Agreement. (A) Amendment to Section 6.01(f) of the Credit Agreement. Section 6.01(f) of the Credit Agreement Is Hereby Amended and Restated to Read in Its Entirety as Follows: “(F) Available Liquidity Covenant. in the Case of the Borrower, Permit the Liquidity Amount at Any Time to Be Less Than the Product of (I) 1.08 and (II) the Principal Balance of All Term Loans Then Outstanding.” (B) Amendment to Section 6.02(d) of the Credit Agreement. Section 6.02(d) of the Credit Agreement Is Hereby Amended and Restated to Read in Its Entirety as Follows: “(D) Unsecured Indebtedness of the Borrower and Its Subsidiaries in an Aggregate Principal Amount Not Exceeding $155,000,000 at Any Time;”

from 10-Q ~5 pages 5th Amendment to Amended/Restated Credit Agreement

from 10-Q ~5 pages 4th Amendment to Amended/Restated Credit Agreement

from 10-Q ~5 pages 3rd Amendment to Amended/Restated Credit Agreement

from 10-Q ~5 pages 2nd Amendment to Amended/Restated Credit Agreement

from 10-Q ~5 pages Amendment to Credit Agreement

from 8-K >50 pages Amd & Restated Sr Secur Credit Agrt 7/18/03

from 10-K ~5 pages Ex-10.15 Term Loan Commitment Letter

from 10-K ~5 pages Ex-10.6(b) Amendment No. 2 to Credit Agreement

from 10-K ~5 pages Amended & Restated Credit Agreement

from 10-Q >50 pages Amended and Restated Credit Agreement

from 10-K ~5 pages Amendment to the Amended and Restated Credit Agree

from 10-K ~20 pages 2nd Am to Revolving Credit Agreement

from 10-K ~5 pages 1st Am. to Revolving Credit Agreement

from 10-K ~20 pages Co-Brand Credit Card Agmt

from S-1/A >50 pages Revolving Credit

from S-1/A ~10 pages Credit Card Agreement