Amendment of Section 18. 1(a)(ii).
1. Section 18.1(a)(ii)a is hereby amended by replacing “141,380,925 MMBTUs” with “191,625,000 MMBTUs.”
2. Section 18.1(a)(ii)b is hereby amended by replacing “twelve (12) Cargoes” with “fifteen (15) Cargoes.”
Amendment of Section 18. 2 with Respect to Authority Contracts with Direct Competitors of Team Sponsors and to Establish the Right of the Authority to Receive Payment from the Team for Permanent Non-Exclusive Signage Positions on an Annual Basis. Section 18.2 of the Stadium Use Agreement is hereby deleted in its entirety and replaced with the following Sections 18.2(a) and 18.2(b):
Amendment of Section 18. Section 18 is hereby amended by substituting the following for receipt of copies of communications to the Company: Xxxxx Xxxxxxx LLP 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone: (000) 000-0000 Telecopy: (000) 000-0000 Attention: Xxxxxxx X. Xxxxxx, Xx., Esq.
Amendment of Section 18. Section 18 of the Original Agreement is hereby amended by adding the following new Section 18.6:
Amendment of Section 18. The first paragraph of ------------------------ Section 18 is hereby modified and amended by inserting the following sentence at the end of the paragraph: "Anything to the contrary notwithstanding, in no event shall the Rights Agent be liable for special, indirect, punitive, consequential or incidental loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Rights Agent has been advised of the likelihood of such loss or damage."
Amendment of Section 18. Section 18 of the Agreement is hereby amended by deleting the “If to Customer” notice address in its entirety and replacing it with the following: Xxxxxx Xxxxxxx Trust 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: General Counsel
Amendment of Section 18. Section 1.8 of the Stockholder Agreement is hereby amended and restated in its entirety as follows:
Amendment of Section 18. Section 18 of the Original ----------------------- Servicing and Administration Agreement is hereby amended to read as follows: Subject to the following paragraph, the Issuer shall pay, or shall cause the Trustee to pay, from funds available for such purpose under the Indenture, to the Servicer and the Administrator, for the performance of the Servicer's and the Administrator's functions under this Agreement, a monthly fee in an amount each month equal to .0875% of the outstanding principal balance of all Financed Student Loans as of the last day of the immediately preceding month; provided, however, that such monthly fee shall be reduced by an amount equal to the Administrative Expenses incurred by the Issuer for employee compensation, subject to a maximum amount for each calendar year of $50,000, unless the Servicer agrees to a higher amount. Such fee shall be paid to the Servicer on a monthly basis within fifteen (15) days of receipt by the Trustee of an itemized written monthly billing statement from the Servicer. The Servicer shall promptly remit to the Administrator its allocable portion (equal to one-fourth) of such fee. If the Servicer or the Administrator believes that it is necessary to increase the monthly fee payable hereunder, it shall provide a written request to the Issuer and the Trustee of its need for an increase in such fee, together with all information required under the Indenture for the Trustee to approve an increase in the fees payable hereunder. Each of the Servicer and the Administrator acknowledges that such fee shall not be increased unless the conditions for increasing such fee under the Indenture have been satisfied. Notwithstanding the provisions of the preceding paragraph, 1/7th of the monthly fee otherwise payable pursuant to such paragraph will be deferred (any such fees herein referred to as "Deferred Fees") if and for so long as any Notes are Outstanding and either of the following conditions (a "Fee Deferral Condition") exist:
(1) as of the first Monthly Payment Date following a calendar quarter, (a) the XXX Spread (as hereinafter defined) shall have been greater than 1% per annum for the preceding three (3) consecutive calendar quarters, and (b) the Trustee shall not have received, within five (5) Business Days after such Monthly Payment Date, a Corporation Certificate that, based on a Cash Flow Projection (a copy of which shall be provided to each Rating Agency), continuing to pay the full monthly fees hereunder will ...
Amendment of Section 18. Section 18 of the Agreement is hereby amended to delete the word “negligence” and replace it in its entirety with “gross negligence”.
Amendment of Section 18. (a) Section 18 of the Rights Agreement is hereby amended and restated in its entirety to read as follows:
