Amended Provision. The term “Term Note” and all reference thereto, as used throughout this instrument, shall mean this instrument as originally executed, or if later amended or supplemented, than as so amended or supplemented, and any successor instrument issued pursuant to Section 2.1 hereof, as it may be amended or supplemented.
Amended Provision. As of the date of the last signature of this Amendment by the Parties, the Parties hereby agree to modify the Main Agreement by adding a subsection 3.5 immediately following subsection 3.4 of the Main Agreement, which shall read as follows:
Amended Provision. The following provision shall be added to the Agreement, by interlineation:
Amended Provision. Section 2.4(a)(iii) of the Credit Agreement is hereby deleted in its entirety and the following is substituted in its stead:
Amended Provision. Section 3(c) (i) of the Lease is hereby amended to read as follows:
Amended Provision. The first sentence of Section 2(a) of the Agreement is hereby deleted and replaced in its entirety with the following: On or prior to each Filing Date, the Company shall prepare and file with the Commission a “Shelf” Registration Statement covering the resale of the Registrable Securities on such Filing Date for an offering to be made on a continuous basis pursuant to Rule 415.
Amended Provision. Section 3(c) of the Agreement is hereby deleted and replaced in its entirety with the following: If during the Effectiveness Period, the number of Registrable Securities at any time exceeds the number of shares of Common Stock then registered in a Registration Statement, then the Company shall file as soon as reasonably practicable but in any case prior to the applicable Filing Date, an additional Registration Statement covering the resale by the Holders of not less than 100% of the number of such Registrable Securities.
Amended Provision. Section P of Exhibit E is hereby deleted and replaced with the following: “Notwithstanding anything to the contrary elsewhere in the Lease, but subject to the following and other terms of this Lease, Landlord shall permit Tenant access to an existing waste stack and an existing source of water so as to allow disposal of sanitary waste from and the supply of water to fixtures commonly found in an office environment such as sinks, dishwashers, coffee makers, bubblers, and the like that Tenant may wish to construct as part of the Alterations. Tenant shall be wholly responsible for installing, maintaining and servicing the associated waste and supply lines not now existing that are located within or without the Leased Premises and for obtaining all necessary permits and approvals for such use, installation, maintenance and repair. All such work shall be done at such times as may be reasonably convenient for Landlord’s supervisor and so as to minimize interference with other tenants, and shall require prior written approval by the Landlord, which approval shall not be unreasonably withheld, conditioned or delayed Tenant shall indemnify Landlord for any and all losses damages and claims, including costs of defense and reasonable attorneys’ fees, arising from such water or waste lines, whether from water damage, odors, insects or otherwise, except if caused by Landlord or Landlord’s agent.”
Amended Provision. The first sentence of Section 2(c)(4) of the agreement is hereby deleted and replaced in its entirety with the following: Holders shall be entitled to have a total of two Demand Registrations effected on Form S-1 (including any successor form, “Form S-1”) and an unlimited number of Demand Registrations on Form S-3 (including any successor form, “Form S-3”) at any time when the Company is eligible to use such form.
