|
Exhibit 10.30
FIRST AMENDMENT
THIS FIRST AMENDMENT dated as of
November 28, 2006 (this " Amendment ") amends the
Five-Year Credit and Guarantee Agreement dated as of
August 10, 2005 (the " Credit Agreement ") among Block
Financial Corporation (the " Borrower "), H&R Block,
Inc. (the " Guarantor "), various financial institutions
(the " Lenders ") and JPMorgan Chase Bank, N.A., as
administrative agent for the Lenders (in such capacity, the "
Administrative Agent "). Capitalized terms used but not
defined herein have the respective meanings set forth in the Credit
Agreement.
WHEREAS, the Borrower, the
Guarantor, the Lenders and the Administrative Agent have entered
into the Credit Agreement; and
WHEREAS, the parties hereto desire
to amend the Credit Agreement as set forth herein;
NOW, THEREFORE, the parties hereto
agree as follows:
SECTION 1 Amendments .
Subject to the satisfaction of the condition precedent set forth in
Section 3 , the Credit Agreement is amended as
follows:
1.1 Amendment to
Section 3.8 . Section 3.8 is amended in its entirety
to read as follows:
SECTION 3.8. Investment Company
Status . Neither of the Credit Parties nor any of the
Subsidiaries is an "investment company" as defined in, or subject
to regulation under, the Investment Company Act of 1940, as
amended.
1.2 Amendments to
Section 6.2 . Section 6.2 is amended as follows:
(a) Clause (m) is
amended in its entirety to read as follows:
(m) subject to the proviso at the
end of this Section 6.2, Indebtedness incurred in connection
with the Borrower’s Refund Anticipation Loan Program,
including any Indirect RAL Participation Transaction;
provided that (i) such Indebtedness is incurred during
the period beginning on January 2 of any year and ending on
June 29 of such year, (ii) such Indebtedness is repaid in full
by June 30 of the year in which such Indebtedness is incurred
and (iii) the covenants contained in any agreement relating to
such Indebtedness, or guarantee thereof (other than covenants
specific to the Borrower’s Refund Anticipation Loan Program
and the operation thereof), are no more restrictive than the
covenants contained in this Agreement;
(b) The last paragraph is
amended by deleting the clause beginning " except " at the
end thereof and substituting the following therefor:
except that, during the period from January 2 of any year
through June 30 of such year, such sum may exceed the greater
of the Total Facility Commitments then in effect or the then Total
Facility Loan Outstandings by an amount up to the total of
(A) the aggregate
outstanding principal amount of Indebtedness described in
subsection 6.2(m) and (B) $500,000,000.
1.3 Amendment to
Section 10.1 . Section 10.1 (a) is amended in
its entirety to read as follows:
(a) if to the Borrower or the
Guarantor, to it at One H&R Block Way, Kansas City, Missouri
64105, Attention of Becky Shulman (Telecopy No.
(816) 854-4242), David Staley (Telecopy No.
(816) 854-4239) and Andrew Somora (Telecopy No.
(816) 753-0037);
SECTION 2 Representations and
Warranties . Each of the Borrower and the Guarantor represents
and warrants to the Administrative A
| 
