Common use of Amendment of Note Clause in Contracts

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly interest only payments in the amount of $13,700.16 each shall be payable on the last day of each month commencing May 31, 1998 and on the last day of each month thereafter until April 30, 2000. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 2 (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30, 2000; and (iii) Any payment which is required to be made on a Saturday, Sunday, or legal holiday shall be payable on the next succeeding day which is not a Saturday, Sunday, or legal holiday. (b) Pennxxx xxxll cause the following legend to be placed prominently on the Note; THIS NOTE HAS BEEN AMENDED BY A THIRD AMENDMENT AGREEMENT DATED AS OF JANUARY 31, 2000, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON AVENUE, 29TH FLOOR, NEW YORK, NEW YORK. (c) To the extent that this Third Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly interest only payments in the amount of $13,700.16 each shall be payable on the last day of each month commencing May 31, 1998 1998, and on the last day of each month thereafter until April 30October 31, 20002001. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 2; (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30October 31, 20002001; and (iii) Any payment which that is required to be made on a Saturday, Sunday, Sunday or legal holiday shall be payable on the next succeeding day which that is not a Saturday, Sunday, Sunday or legal holiday. (b) Pennxxx xxxll Penxxxx xxall cause the following legend to be placed prominently on the Note; THIS NOTE HAS BEEN AMENDED BY A THIRD NINTH AMENDMENT AGREEMENT DATED AS OF JANUARY JULY 31, 20002001, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON AVENUEXXXXX XXXXXX, 29TH 09TH FLOOR, NEW YORK, NEW YORK. (c) To the extent that this Third Ninth Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly payments of principal and interest only payments in the amount of $13,700.16 30,475.24 each shall be payable on the last day of each month commencing May 31November 30, 1998 2001, and on the last day of each month thereafter until April 30October 31, 2000. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 22006; (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30, 2000; and (iii) Any payment which that is required to be made on a Saturday, Sunday, Sunday or legal holiday shall be payable on the next succeeding day which that is not a Saturday, Sunday, Sunday or legal holiday; and (iii) The principal sum of the Note may be prepaid, without premium or penalty, at any time or from time to time, in whole or in part. Each prepayment of principal shall be accompanied by the payment of interest accrued on the amount of such prepayment to the date of prepayment at the rate of 12% per annum. (b) Pennxxx xxxll Pennell shall cause the following legend to be placed prominently on the Notexxx Xxxe; THIS NOTE HAS BEEN AMENDED BY A THIRD TENTH AMENDMENT AGREEMENT DATED AS OF JANUARY OCTOBER 31, 20002001, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON THIRD AVENUE, 29TH FLOOR, NEW YORK, NEW YORK. (cx) To Xx the extent that this Third Tenth Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly interest only payments in the amount of $13,700.16 each shall be payable on the last day of each month commencing May 31, 1998 and on the last day of each month thereafter until April 30July 31, 2000. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 2; (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30July 31, 2000; and (iii) Any payment which is required to be made on a Saturday, Sunday, Sunday or legal holiday shall be payable on the next succeeding day which is not a Saturday, Sunday, Sunday or legal holiday. (b) Pennxxx xxxll cause the following legend to be placed prominently on the Note; THIS NOTE HAS BEEN AMENDED BY A THIRD FOURTH AMENDMENT AGREEMENT DATED AS OF JANUARY 31APRIL 30, 2000, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON AVENUEXXXXX XXXXXX, 29TH 00TH FLOOR, NEW YORK, NEW YORK. (c) To the extent that this Third Fourth Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly interest only payments in the amount of $13,700.16 each shall be payable on the last day of each month commencing May 31, 1998 1998, and on the last day of each month thereafter until April 30January 31, 20002001. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 2; (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30January 31, 20002001; and (iii) Any payment which is required to be made on a Saturday, Sunday, Sunday or legal holiday shall be payable on the next succeeding day which is not a Saturday, Sunday, Sunday or legal holiday. (b) Pennxxx xxxll cause the following legend to be placed prominently on the Note; THIS NOTE HAS BEEN AMENDED BY A THIRD SIXTH AMENDMENT AGREEMENT DATED AS OF JANUARY OCTOBER 31, 2000, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON AVENUEXXXXX XXXXXX, 29TH 00TH FLOOR, NEW YORK, NEW YORK. (c) To the extent that this Third Sixth Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly interest only payments in the amount of $13,700.16 each shall be payable on the last day of each month commencing May 31, 1998 1998, and on the last day of each month thereafter until April 30October 31, 2000. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 2; (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30October 31, 2000; and (iii) Any payment which is required to be made on a Saturday, Sunday, Sunday or legal holiday shall be payable on the next succeeding day which is not a Saturday, Sunday, Sunday or legal holiday. (b) Pennxxx xxxll cause the following legend to be placed prominently on the Note; THIS NOTE HAS BEEN AMENDED BY A THIRD FIFTH AMENDMENT AGREEMENT DATED AS OF JANUARY JULY 31, 2000, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON AVENUEXXXXX XXXXXX, 29TH 00TH FLOOR, NEW YORK, NEW YORK. (c) To the extent that this Third Fifth Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.

Amendment of Note. (a) The Note, as amended, is hereby further amended by deleting therefrom the second and third paragraph on page 1 thereof in their entirety and substituting therefor the following paragraph: The principal of and interest on this Note shall be payable as follows: (i) Monthly interest only payments in the amount of $13,700.16 each shall be payable on the last day of each month commencing May 31, 1998 1998, and on the last day of each month thereafter until April 30July 31, 20002001. Simple interest on the principal amount hereunder shall accrue at the rate of 12% per annum until the principal balance is paid in full; 2; (ii) The principal sum of the Note, together with all accrued and unpaid interest thereon, if any, shall be due and payable on April 30July 31, 20002001; and (iii) Any payment which that is required to be made on a Saturday, Sunday, Sunday or legal holiday shall be payable on the next succeeding day which that is not a Saturday, Sunday, Sunday or legal holiday. (b) Pennxxx xxxll cause the following legend to be placed prominently on the Note; THIS NOTE HAS BEEN AMENDED BY A THIRD AN EIGHTH AMENDMENT AGREEMENT DATED AS OF JANUARY 31APRIL 30, 20002001, A COPY OF WHICH IS AVAILABLE FOR INSPECTION AT THE OFFICES OF BUYER AT 767 LEXINGTON AVENUEXXXXX XXXXXX, 29TH 00TH FLOOR, NEW YORK, NEW YORK. (c) To the extent that this Third Eighth Amendment Agreement amends the Note, as heretofore amended, the Note is hereby amended. All references to the Note in the Purchase Agreement and the Financing Agreements or any other agreement or document relating to the Financing Agreements shall be deemed to refer to the Amended Note.