Amended Agreement. Except as specifically amended by this Amendment, each and every term of the Agreement remains in full force and effect.
Amended Agreement. This Agreement amends and restates the Amended Agreement in its entirety as of the effective date of this Agreement.
Amended Agreement. This Amendment constitutes an amendment to the Agreement in accordance with Section 10.5 thereof and shall be read and construed with the Agreement as one instrument. Except as expressly amended hereby, the Agreement shall remain in full force and effect, and the parties hereby ratify, confirm and adopt the Agreement, as amended hereby.
Amended Agreement. Each reference to “this Agreement,” “herein,” “hereto,” “hereof” and words of similar import set forth in the Business Combination Agreement and each reference to the Business Combination Agreement in any other agreement, document or other instrument shall, in each case, refer to the Business Combination Agreement as modified by this Amendment. Except as specifically set forth in this Amendment, the Business Combination Agreement shall remain unaltered and in full force and effect and the respective terms, conditions or covenants thereof are hereby in all respects confirmed.
Amended Agreement. In the event that Chase shall revise its standard reimbursement agreement executed by each applicant for a letter of credit, the Borrower shall execute and deliver to Chase an amendment to this Agreement incorporating such changes, promptly upon request therefor from Chase.
Amended Agreement. The parties hereto hereby acknowledge and agree that the Fifth Amended Forbearance Agreement, dated as of December 3, 2007, by and among the Lender, the Company and the Subsidiaries is amended and restated by this Sixth Amended Forbearance Agreement.
Amended Agreement. The Agreement is amended as follows:
(a) Subsection (b) of Section 2.1 (Purchased Assets) of the Agreement is amended by deleting all existing text of that subsection in its entirety and substituting the following text in its entirety: “all Billed Revenues and Unbilled Revenues, each as defined in Section 3.5, which for the avoidance of doubt and notwithstanding any other provision of this Agreement to the contrary, shall constitute Current Assets for purposes of calculating the Adjustment Amount;”
(b) Subsection (a) of Section 2.2 (Excluded Assets) of the Agreement is amended by deleting all existing text of that subsection in its entirety and substituting the word “Reserved”.
(c) Section 3.5 (Unbilled Revenues) of the Agreement is amended by deleting all existing text of that subsection in its entirety and substituting the following text in its entirety: “On and prior to the Closing Date, Seller shall read all customer meters in their normal cycle and in due course render the related bills to its customers served by the Business. Seller shall also read each daily read transportation customer meter (collectively, “Large Volume Meters”) on the day immediately preceding the Closing Date. Seller shall provide Buyer with the last meter reading from each of the Large Volume Meters made on the day immediately preceding the Closing Date as soon as practicable after the Closing Date. After the Closing Date, Buyer shall read the customer meters for their first time, in the normal cycle, and in due course render bills for service during the period between Seller’s last reading in the normal cycle and Buyer’s first reading in the normal cycle to the customers served by the Business. Buyer shall determine the volume of gas sold by Seller prior to the Closing Date through Large Volume Meters by Seller’s meter readings on the day immediately preceding the Closing Date. Buyer shall determine by allocation
Amended Agreement. The Shareholder is the holder of 250,000,000 shares of the Company’s common stock and wishes to cancel 230,000,000 of such shares (the “Shareholder Shares”) in exchange for 23,000,000 preferred shares of the Company’s Series A Preferred Stock (the “Series A Preferred Stock”);
Amended Agreement. Two (2) counterparts of the Amended Agreement duly executed by Primary Purchaser.
Amended Agreement. Each reference to “this Agreement,” “herein,” “hereto,” “hereof” and words of similar import set forth in the Merger Agreement and each reference to the Merger Agreement in any other agreement, document or other instrument shall, in each case, refer to the Merger Agreement as modified by this Amendment. Except as specifically set forth in this Amendment, the Merger Agreement shall remain unaltered and in full force and effect and the respective terms, conditions or covenants thereof are hereby in all respects confirmed.
