Amending Provisions. 1.1 The parties hereby covenant and agree to amend the Employment Agreement as follows:
a) Subparagraph 6(b.1) be added as follows:
Amending Provisions. Section 2.01. Section 1.02 of the Development Credit Agreement is amended by deleting the word “and” at the end of Sub-section (za), by replacing the full stop at the end of Sub-section (zb) with a semi-colon and by inserting the following new definition:
Amending Provisions. Section 2.01. Section 1.02 of the Development Grant Agreement is amended as follows:
(a) Sub-section 1.02
(i) is amended to read as follows:
Amending Provisions. 2.1 Notwithstanding any provision of any ATM Cash Agreement to the contrary, the total amount of ATM Currency outstanding in all ATMs under the ATM Cash Agreements at any point in time, and the total amount of ATM Currency that eFunds shall be obligated to make available for all ATMs under the ATM Cash Agreements, shall not exceed thirty-five million dollars ($35,000,000); provided, however, that there shall be no commingling of ATM Currency between or among the respective ATM Cash Agreements under any circumstances.
2.2 Unless otherwise agreed by the parties, total ATM Currency outstanding in ATMs under each ATM Cash Agreement, and the total amount that eFunds shall be obligated to make available for ATMs under each ATM Cash Agreement, shall not exceed the following respective amounts: (a) for the June 24, 1998 ATM Cash Agreement relating to ATMs located at Total Petroleum and Diamond Shamrock branded convenience store locations: $3,000,000; (b) for the March 19, 1999 ATM Cash Agreement relating to ATMs located at American Store, Inc. locations: $6,000,000; (c) for the August 23, 1999 ATM Cash Agreement relating to ATMs located at Kmart Corporation locations: $12,000,000; and (d) for the November 15, 1999 ATM Cash Agreement relating to ATMs located at Shell Oil Company and Texaco Oil Company locations: $14,000,000. Access may, from time- to-time during the term of the Currency Control Agreement, request in writing to change the foregoing ATM Currency amounts under the respective ATM Cash Agreements, subject to Section 2.1 of this Amendment, eFunds agrees not to unreasonably withhold its consent to any such written request by ACI, subject to Section 2.1 of this Amendment.
2.3 Access shall at all times manage ATM Currency requirements under the ATM Cash Agreements to optimize the amount of cash in ATMs with the express purpose of keeping no more ATM Currency in individual ATMs than is reasonably necessary to keep sufficient funds in the ATMs between replenishment dates.
Amending Provisions. Section 2.01. Recital (C) of the Development Credit Agreement is amended to read as follows: “(C) by the Development Credit Agreement of even date herewith, as amended by the Agreement Amending the Development Credit Agreement (together, the “Development Credit Agreement”) between the Borrower and the Association, the Association has agreed to make available to the Borrower an amount in various currencies equivalent to ninety six million seven hundred thousand Special Drawing Rights (SDR 96,700,000) on the terms and conditions set forth in the Development Credit Agreement, but only on condition that NWFP agrees to undertake such obligations toward the Association as are set forth in this Agreement as amended by the Agreement Amending the Program Agreement (together, the “Program Agreement”); and”
Section 2.02. Except as expressly provided in this Agreement Amending the Program Agreement, all other provisions of the Program Agreement shall remain in full force and effect.
Amending Provisions. Subsection 2.1. The second paragraph of the Preliminary Statement of the Original PSA is hereby amended and restated as follows: "For federal income tax purposes, the Trust Fund (exclusive of the Additional Collateral, the Senior Call Option, the Senior Put Option and the Class B-1 Call Option) will consist of two REMICs, the Lower Tier REMIC and the Upper Tier REMIC. The Lower Tier REMIC will consist of all of the assets constituting the Trust Fund (exclusive of the Additional Collateral, the Senior Call Option, the Senior Put Option and the Class B-1 Call Option) and will be evidenced by the Lower Tier REMIC Regular Interests (which will be uncertificated and will represent the "regular interests" in the Lower Tier REMIC) and the R-1 Interest as the single "residual interest" in the Lower Tier REMIC. The Trustee will hold the Lower Tier REMIC regular interests."
Subsection 2.2. Section 1.01 of the Original PSA is hereby amended by adding the following definitions:
Amending Provisions. Subsection 2.1. The last sentence of the third paragraph of the Preliminary Statement is hereby amended and restated as follows: "In addition to evidencing a REMIC Regular Interest, each of the Class A-1, Class A-2, Class A-3 and Class B-1 Certificates will represent the related Call Option and the rights and obligations associated therewith, which shall constitute neither rights nor obligations of any REMIC created hereunder."
Subsection 2.2. Section 1.01 of the Original PSA is hereby amended by (i) adding the following definitions:
Amending Provisions. Section 2.01. Section 1.02 of the Development Credit Agreement is amended as follows:
(i) by amending Sub-Section (b) to read as follows:
Amending Provisions. Section 2.01. Except as expressly provided in this Second Agreement Amending the Project Agreement, all provisions of the Project Agreement and the Agreement Amending the Project Agreement shall remain in full force and effect.
Amending Provisions. The Contract is hereby amended as follows:
(a) Sections 4(b) and 7(c) of the Contract are amended to change any date that refers to August 26, 2005 from August 26 to August 29, 2005.
(b) There are no other amendments.
