Amendment and Restatement of Section 3. 4. Section 3.4 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment and Restatement of Section 3. 3(f). Section 3.3(f) of the Contribution agreement is hereby amended and restated in its entirety as follows:
Amendment and Restatement of Section 3. 15. Section 3.15 of the Note shall be and it hereby is amended and restated to read in its entirety as follows:
Amendment and Restatement of Section 3. 2(j) and 3.2(k). Sections 3.2(j) and 3.2(k) of the Contribution Agreement are hereby amended and restated in their entirety as follows:
Amendment and Restatement of Section 3. 9. Section 3.9 (Conduct of Business) of the Investment Agreement is hereby amended and restated to read in its entirety as follows:
Amendment and Restatement of Section 3. 6(b)(i). Section 3.6(b)(i) of the Operating Agreement is hereby amended and restated as follows:
(i) CNXC shall not, and shall not cause or permit any of its subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Liens on any property or assets of CNXC or any of its subsidiaries, other than (A) liens securing the Obligations (as defined in the Affiliated Company Loan Agreement); (B) liens permitted by the Affiliated Company Loan Agreement; and (C) from and after the Affiliated Company Loan Facility Repayment Date, (x) liens securing (1) Permitted Debt, (2) capital leases up to $5,000,000 (the “Capital Lease Cap”) in aggregate principal amount; provided that such liens under this subclause (2) shall attach only to the property which is the subject of such capital leases and (3) if the Affiliated Company Loan Facility Repayment Date occurs in connection with a Specified Refinancing Facility, the obligations in respect of the Specified Refinancing Facility and (y) Permitted Encumbrances.
Amendment and Restatement of Section 3. 6(b)(ii). Section 3.6(b)(ii) of the Operating Agreement is hereby amended and restated as follows:
Amendment and Restatement of Section 3. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following: “The Company shall employ Executive and Executive agrees to work for the Company as its Chairman and Chief Executive Officer. Executive shall perform the duties and responsibilities inherent in the position in which Executive serves and such other duties and responsibilities as the Board of Directors or its designee shall from time to time reasonably assign to Executive. In addition, it is the Company’s intention that the Executive continue to serve as Chairman of the Company’ Board of Directors.”
Amendment and Restatement of Section 3. 4(a). Section 3.4(a) is hereby amended and restated in its entirety as follows:
(a) a stock certificate issued in the name of GES evidencing the GES Closing Shares;”
Amendment and Restatement of Section 3. Section 3.1 (including all of Subsections 3.1.1 through 3.1.6) of the Contract is hereby fully amended and restated as follows:
