Amendment of Section 3.3. Section 33 of the Rights Agreement is hereby amended to add the following sentence: “A signature to this Agreement or any amendment thereto transmitted electronically shall have the same authority, effect and enforceability as an original signature.”
Amendment of Section 3.3. The Agreement is hereby amended by deleting Section 3.3 thereof in its entirety and replacing it with the following Section 3.3:
Amendment of Section 3.3 of the Original Indenture is amended and supplemented by deleting the existing section in its entirety and replacing it with the following: Unless otherwise indicated for a particular Series by Board Resolution, a supplemental indenture hereto or an Officers’ Certificate, at least 15 days but not more than 60 days (except in the case of a conditional redemption) before a redemption date, the Company shall send a notice of redemption to each Holder whose Securities are to be redeemed and if any Bearer Securities are outstanding, publish on one occasion a notice in an Authorized Newspaper, except that redemption notices may be sent more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Series of Securities or a satisfaction and discharge of this Indenture pursuant to Articles VIII or XI hereof. Notwithstanding any other provision of this Indenture, notice of any redemption of the Securities may, at the Company’s discretion, be given prior to the completion thereof and be subject to one or more conditions precedent. In addition, if such redemption is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Company’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was delivered) as any or all such conditions shall be satisfied or waived, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied by the redemption date, or by the redemption date so delayed, or such notice may be rescinded at any time in the Company’s discretion if in the good faith judgment of the Company any or all of such conditions will not be satisfied. The Company will provide prompt written notice to the Trustee at least one business day prior to the Redemption Date rescinding or delaying such redemption in the event that any such condition precedent shall not have occurred, and such redemption and notice of redemption shall be rescinded and of no force or effect or delayed, as applicable. Upon receipt of such notice from the Company rescinding or delaying such redemption, the Trustee will promptly send a copy of such notice to the Holders of Securities to be redeemed in the same manner in which the notice of redemption was given. The notice shall identify the Securities of the Series to be redeemed and shall state:
Amendment of Section 3.3. Section 3.3 of the Agreement is hereby amended and restated to read as follows: Hoku Initials & Date /s/ DS Mar 25, 2009 Solarfun Initials & Date /s/ HH 26.03.2009
Amendment of Section 3.3. Effective upon, and subject only to, the Acceptance, the provisions of Section 3.3 of the Indenture are amended by deleting the text of such Section in its entirety and inserting in lieu thereof the phrase “[intentionally omitted]”.
Amendment of Section 3.3. The phrase “[t]he parties” in Section 33 of the Supply Agreement is hereby deleted and replaced with “Buyer and Seller.”
Amendment of Section 3.3. Section 3.3 of the Credit Agreement is hereby amended to read in its entirety as follows:
Amendment of Section 3.3. The last sentence of Section 3.3 of the Loan Agreement is amended to read in its entirety as follows: “The amounts of the Revolving Loan prepaid pursuant to this Section 3.3 may be reborrowed from time to time prior to the Revolving Loan Maturity Date in accordance with Section 1.1, subject to the limits set forth therein. No portion of the Term Loan prepaid pursuant to this Section 3.3 may be reborrowed.”
