Kodak 2011 Annual Report Download - page 550

Section 7 Miscellaneous .
7.1 Matters Relating to Loan Documents . The Loan Documents may be amended, supplemented, waived or otherwise modified in accordance
with their terms; provided , however , that, without the consent of the Agent, no such amendment, supplement, modification or waiver shall (i) contravene
any provision of this Agreement, (ii) increase the aggregate committed amount under the Revolver Facility to an amount greater than the full amount of
Revolving Commitments authorized by the Bankruptcy Court in the Final Order plus $50,000,000, or (iii) increase the aggregate principal amount of the
Term Loans under the Term Facility to an amount greater than the full amount of Term Loans authorized by the Bankruptcy Court in the Final Order, or
permit any Term Loans repaid or prepaid in accordance with the DIP Credit Agreement to be reborrowed.
7.2 Conflicts . In the event of any conflict between the provisions of this Agreement and the provisions of any Loan Document, the provisions
of this Agreement shall govern.
7.3 Continuing Nature of Provisions . This Agreement shall continue to be effective, and shall not be revocable by any party hereto, until the
later of the Revolver Discharge Date and the Term Discharge Date; provided the provisions of Section 2.6 hereof shall continue to be effective until all of
the obligations to take action on and after the applicable Discharge Date shall be complete. This is a continuing agreement and the Secured Parties may
continue, at any time and without notice to the other parties hereto, to extend credit and other financial accommodations, lend monies and provide
indebtedness to, or for the benefit of, Grantors or any other grantors on the faith hereof.
7.4 Amendments; Waivers . No amendment or modification of any of the provisions of this Agreement shall be effective unless the same shall
be in writing and signed by the Agent on behalf of the Secured Parties and to the extent any such amendment or modification shall alter the rights or
obligations of any Grantor, the Company.
7.5 Governing Law.
(a) THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
NEW YORK AND (TO THE EXTENT APPLICABLE) THE BANKRUPTCY CODE.
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