Amendment of Section 2. 9. Section 2.9 of the Agreement is hereby amended to read as follows:
Amendment of Section 2. 7. Section 2.7(a) of the Credit Agreement is hereby amended to read as follows:
Amendment of Section 2. 4(a) of the FXSG Agreement. The fifth sentence of Section 2.4(a) of the FXSG Agreement is hereby deleted and replaced with the following: The “Settlement Date” for a Purchase Order shall be the next New York Business Day following the first New York Business Day that is also a Local Business Day following the Order Date, unless the Trustee has not received confirmation of the receipt of the Basket Singapore Dollar Amount from the Depository on such next New York Business Day, in which case the Settlement Date shall be the next following day that is both a New York Business Day and a Local Business Day.
Amendment of Section 2. Section 2 is hereby amended by the addition of a new Section 2.6 and Section 2.7, which shall read in their entirety as follows:
Amendment of Section 2. 3(a) of the FXE Agreement. The fifth sentence of Section 2.3(a) of the FXE Agreement is hereby deleted and replaced with the following: The “Settlement Date” for a Purchase Order shall be the second New York Business Day following the Order Date unless that day is not a Local Business Day, in which case the Settlement Date shall be the next following day that is both a New York Business Day and a Local Business Day.
Amendment of Section 2. 7 of the FXS Agreement. The fifth sentence of Section 2.7 of the FXS Agreement is hereby deleted and replaced with the following: The “Settlement Date” for a Redemption Order shall be the second New York Business Day following the Order Date unless that day is not a Local Business Day, in which case the Settlement Date shall be the next following day that is both a New York Business Day and a Local Business Day.
Amendment of Section 2. (a) Section 2 of the Original Agreement is deleted in its entirety from the Original Agreement. Notwithstanding anything in the Original Agreement to the contrary, the parties hereto acknowledge and agree that the Advisor shall have no obligation to provide any future services to the Companies pursuant to Section 2 of the Original Agreement.
Amendment of Section 2. Section 2 of the Existing Agreement is hereby deleted in its entirety and replaced with the following:
Amendment of Section 2. 4(a) of the FXY Agreement. The fifth sentence of Section 2.4(a) of the FXY Agreement is hereby deleted and replaced with the following: The “Settlement Date” for a Purchase Order shall be the next New York Business Day following the first New York Business Day that is also a Local Business Day following the Order Date, unless the Trustee has not received confirmation of the receipt of the Basket Japanese Yen Amount from the Depository on such next New York Business Day, in which case the Settlement Date shall be the next following day that is both a New York Business Day and a Local Business Day.
Amendment of Section 2. 3(d). Section 2.3(d) of the Purchase Agreement is hereby amended and restated in its entirety as follows: “After receipt of the Closing Date Working Capital Statement, Seller shall have 30 calendar days to review the Closing Date Working Capital Statement and the accompanying certificate (collectively, the “Closing Date Financial Data”), together with the work-papers used in the preparation thereof. Seller and its authorized representatives shall have full access to all relevant books and records and employees of Purchaser and the Acquired Companies to the extent reasonably required to complete their review of the Closing Date Financial Data. Seller may dispute items reflected in the calculation of Closing Date Working Capital and Closing Date Cash and Assumed Indebtedness and YTD Capital Expenditures only on the basis that such amounts (i) were not determined in conformity with GAAP, as modified by the Specified Accounting Policies, applied by Purchaser on a consistent basis (to the extent consistent with GAAP) with the accounting principles, procedures, policies, methods that were employed in preparing the Benchmark Balance Sheet, consistently applied, (ii) with respect to YTD Capital Expenditures, were not determined in the manner specified in the definition of YTD Capital Expenditures, or (iii) contain arithmetic error. Unless Seller delivers written notice to Purchaser on or prior to the 20th calendar day after Seller’s receipt of the Closing Date Working Capital Statement, which notice shall set forth a specific description of the basis of Seller’s objection or objections and the adjustments to the amount of Closing Date Working Capital and/or Closing Date Cash and/or Assumed Indebtedness and/or YTD Capital Expenditures which Seller believes should be made, Seller shall be deemed to have accepted and agreed to the calculation of Closing Date Working Capital and YTD Capital Expenditures and Closing Date Cash and/or Assumed Indebtedness. If Seller so notifies Purchaser of its objection to the calculation of Closing Date Working Capital, YTD Capital Expenditures, Closing Date Cash and/or Assumed Indebtedness, Purchaser and Seller shall, within 30 calendar days following such notice (the “Resolution Period”), attempt to resolve their differences and any resolution by them as to any disputed amounts shall be final, binding and conclusive. If following resolution of any disputed amounts there do not remain in dispute amounts the aggregate net effect of whi...
