17.

SUBSEQUENT EVENTS:

Amended and Restated Credit Agreement

On March 29, 2012 the Company entered into an amendment to the Company's current Amended and Restated Credit Agreement. A summary of the amendments is as follows:

•

Extended the expiration date to April 30, 2013;

•

Set the aggregate commitment of the lenders at $115 million; and

•

Waived compliance with certain covenants and made certain changes in the definition, method of calculation and amounts of certain covenants.

On April 13, the Company obtained a Consent and Waiver to the Company's Amended and Restatement Credit Agreement, which provided the following limited waivers:

•

Extended the date by which the Company is required to deliver to the lendors audited financial statements prepared in accordance with generally accepted accounting principles for the year ended December 31, 2011; and

•

Waived any noncompliance with convenants which may have been driven by the effects of the Restatement described in Note 18, "Restatement of Consolidated Financial Statements" below.

Note Purchase Agreement

On April 13, the Company obtained a Consent and Waiver to the Company's Amended and Restatement Note Purchase Agreement and Private Shelf Agreement, which provided the following limited waivers:

•

Extended the date by which the Company is required to deliver to the long-term debt holders audited financial statements prepared in accordance with generally accepted accounting principles for the year ended December 31, 2011; and

•

Waived any noncompliance with covenants which may have been driven by the effects of the Restatement described in Note 18, "Restatement of Consolidated Financial Statements" below.

Capital Leases

On April 13, the Company obtained a Consent and Waiver to certain of the Company's capital lease agreements, which provided the following limited waivers:

•

Extended the date by which the Company is required to deliver to the lessors audited financial statements prepared in accordance with generally accepted accounting principles for the year ended December 31, 2011; and

•

Waived any noncompliance with covenants which may have been driven by the effects of the Restatement described in Note 18, "Restatement of Consolidated Financial Statements" below.