Amendment of Introductory Paragraph. The introductory paragraph of the Warrant is amended by adding after the words “$2.95 per share”, the following words “, provided however, that if the Company sells any Common Stock for its own account during the period from April 15, 2002 through and including October 31, 2002 for cash in a private placement or public offering (a “Qualifying Sale”), then the exercise price per share shall be the weighted average cash price paid for each share of Common Stock (without reduction for any fees or expenses including placement agent fees and expenses and/or underwriters’ discounts or commissions and without allocation of any cash consideration received by the Company in such a transaction to any warrants or options to purchase Common Stock or any registration rights granted by the Company in any Qualifying Sale) (except in no event will sales under written agreements by the Company to sell the Common Stock existing on April 15, 2002 be a Qualifying Sale).” [SIGNATURE PAGE FOLLOWS]
Amendment of Introductory Paragraph. The parties agree that the Introductory Paragraph of the Agreement shall be amended as follows: THIS AMENDED AND RESTATED PRINCIPAL UNDERWRITING AGREEMENT made and effective as of the 25th day of January, 2005, by and between TRANSAMERICA CAPITAL, INC. (“TCI”), an Iowa corporation, and TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY (“TFLIC”), a New York Corporation, (TFLIC is the surviving company of the merger of Transamerica Life Insurance Company of New York into AUSA Life Insurance Company, Inc. effective April 1, 2003), on and on its own behalf and on behalf the separate investment accounts of TFLIC set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Account(s)”). All references to the parties throughout the Agreement shall be changed to reflect the new names of the parties to the Agreement.
Amendment of Introductory Paragraph. The first paragraph of the Indenture immediately preceding the recitals is hereby deleted and replaced in its entirety by the following: “INDENTURE, dated as of March 6, 2001, among AT&T Wireless Services, Inc., a Delaware corporation (the “Company”), Cingular Wireless LLC, a Delaware limited liability company (“Cingular Wireless”), Cingular Wireless II, Inc., a Delaware corporation, (“Cingular Wireless II”, which, together with Cingular Wireless, shall be Co-Obligors under this Indenture) and US Bank National Association, a national banking association organized under the laws of the United States, as Trustee.”
Amendment of Introductory Paragraph. The first paragraph of the Indenture immediately preceding the first recital is hereby deleted and replaced in its entirety by the following:
Amendment of Introductory Paragraph. The parties agree that the Introductory Paragraph of the Agreement shall be amended as follows: THIS PRINCIPAL UNDERWRITING AGREEMENT made and effective as of the 1st day of August, 1992, by and between AFSG Securities Corporation ("AFSG"), a Pennsylvania corporation, and Peoples Benefit Life Insurance Company, ("PBL"), an Iowa corporation, on its own behalf and on behalf of the separate investment accounts of PBL set forth in Exhibit A attached hereto and made a part hereof (collectively, the "Account"). All references to the parties throughout the agreement shall be changed to reflect the new names of the parties.
Amendment of Introductory Paragraph. The parties agree that the Introductory Paragraph of the Agreement shall be amended as follows: UNDERWRITING AGREEMENT made and effective as of the 1st day of August, 1992, by and between Providian Securities Corporation ("PSC"), a Pennsylvania corporation, and Providian Life and Health Insurance Company, ("PLH"), a Missouri corporation, on its own behalf and on behalf of Providian Life and Health Insurance Company Separate Account V (the "Account"), separate investment account of PLH. All references to the parties throughout the agreement shall be changed to reflect the new names of the parties.
Amendment of Introductory Paragraph. The introductory paragraph of the Note shall be amended by deleting it in its entirety and inserting the following text: “FOR VALUE RECEIVED, E-centives, Inc., a Delaware corporation (the “Company”), having an address of 0000 Xxxxxxxxx Xxxxx, 0xx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000, hereby promises to pay to the order of Xxxxxxx Corporate Finance, Inc. (“FCF”) and InVenture Inc. (“InVenture”, and collectively with FCF, the “Holder”), at the offices of Holder at c/x Xxxxxxx Corporate Finance AG, Xxxxxxxxxxxxxx 0, Xxxxxx, Xxxxxxxxxxx 0000, or such other place as may be designated by Holder to the Company in writing, the aggregate principal amount of up to Six Million Dollars ($6,000,000) (subject to adjustment pursuant to Section 1 hereof), together with interest on the unpaid principal hereof, upon the terms and conditions hereinafter set forth.”
Amendment of Introductory Paragraph. All references to AFSG throughout the Agreement shall be changed to TCI to reflect the Novation herein.
Amendment of Introductory Paragraph. The introductory paragraph of the Operating Agreement is hereby amended in its entirety to read as follows: “This LIMITED LIABILITY COMPANY AGREEMENT of S Leasing Company, LLC is entered into and shall be effective as of April 30, 2001, by and among BFI Energy Systems of Southeastern Connecticut, Inc., a Delaware corporation (“BFI SE Connecticut Inc.”); BFI Energy Systems of Southeastern Connecticut, L.P., a Delaware limited partnership (“BFI SE Connecticut L.P.”); and Allied Waste North America, Inc., a Delaware corporation (“AWP”), each of which has executed this Agreement as a Member and, in the case of AWP, as the Manager and, in the case of BFI SE Connecticut L.P., as the Special Purpose Manager, on the following terms and conditions:”
Amendment of Introductory Paragraph. The first paragraph of the Indenture immediately preceding the first recital is hereby amended by inserting the following phrase immediately after the phrase "Pennsylvania
