Amendment of Article IX. ARTICLE IX of the Loan Agreement is hereby amended by adding thereto the following as SECTION 9.14 and SECTION 9.15:
Amendment of Article IX. Section 9.13 is hereby deleted in its entirety.
Amendment of Article IX. Article IX of the Asset Purchase Agreement is hereby amended by deleting the definition of "Plan" in its entirety and replacing it with the following:
Amendment of Article IX. Article IX of the License Agreement is hereby amended and replaced in its entirety with the following new Article IX: Syntex retains the right to use the know-how encompassed in the Syntex Patents and Know-How for non-commercial, research purposes only. CVT herewith grants to Syntex a non-exclusive, non-royalty right and license under any CVT patents and Know-How to exercise such right.
Amendment of Article IX. Article IX of the Indenture is hereby amended as follows:
(a) Section 9.04 of the Indenture shall be amended to read in its entirety as follows: “For so long as the TIA shall apply with respect to this Indenture, every amendment to or supplement of this Indenture or the Notes shall comply with the TIA as then in effect.”.
Amendment of Article IX. Article IX of the Credit Agreement is hereby amended in its entirety to read as follows:
Amendment of Article IX. No provision of this Article shall be amended without the express written consent of the Initial Members.
Amendment of Article IX. Article IX of the Credit Agreement is hereby amended by adding the following Section 9.20 to the end of such Article IX.
Amendment of Article IX. Section 9.1(a) of the Merger Agreement. Article IX, Section 9.1(a) of the Merger Agreement is hereby amended by deleting the phrase "third anniversary" and substituting in lieu thereof the phrase "second anniversary."
Amendment of Article IX. Section 7.01 The Program Agreement is hereby amended by deleting Section 9.01 thereof and inserting in lieu thereof the following: “
Section 9.01 [RESERVED]”.
Section 7.02 The Program Agreement is hereby amended by deleting Sections 9.02(b) and 9.02(c).
Section 7.03 The Program Agreement is hereby amended by deleting Section 9.03 thereof in its entirety and inserting in lieu thereof the following:
(a) The Saks Companies and/or their Affiliates shall have the right at any time, and from time to time, to acquire from, or otherwise combine with (by merger, consolidation or other business combination), stores or retailers owned by a Person that is not an Affiliate, and any credit card accounts and receivables associate with such stores or retailers that are not owned by Bank or its Affiliates (such accounts and receivables, a “New Portfolio”).
(b) If the Saks Companies and/or their Affiliates propose to acquire (either directly or through acquisition or other combination with a retailer) one or more locations or operations which will sell Merchandise and/or Services following such acquisition, including by mail order or over the telephone or internet (any such acquired location or operation a “New Store”), the Company shall, to the extent the Saks Companies or their Affiliates have the opportunity to acquire a New Portfolio in connection with such acquisition, use reasonable efforts to offer or cause to be offered to Bank the opportunity to participate in the related due diligence process for purposes of assisting in development of an appropriate valuation for the New Portfolio, and allow Bank a period of not less than ten Business Days after Bank’s receipt of comprehensive information (or such information as is available) about the New Portfolio (such information either obtained by Bank through its participation in the due diligence process or provided to Bank by the Company) to make an exclusive first offer to purchase the New Portfolio.
(c) If New Stores acquired by the Saks Company and/or its Affiliates are operated using a Xxxx Xxxx:
(i) The provisions of Section 2.06 shall apply to each New Store after the date on which the New Store begins to operate using a Xxxx Xxxx (“Store Conversion Date”) and, after the Store Conversion Date, any new credit card accounts originated by such New Stores shall be incorporated into the Program on the terms of this Agreement and, subject to the other provisions of this 9.03, such New Store shall be deemed a Store hereund...
