Amendment of Section 7.2. 2. Section 7.2.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
Amendment of Section 7.2. 1. Section 7.2.1 is hereby amended to substitute “52.23%” for “40.23%” in the first line thereof.
Amendment of Section 7.2. Section 7.2 of the Trust Agreement is hereby amended and replaced with the following: “Except as otherwise provided in this Agreement, the Trustee under this Agreement shall at all times be (a) a bank or trust company organized under the laws of the United Sates or one of the fifty states of the United States or the District of Columbia, with capital and surplus of at least $50,000,000, (b) have a principle place of business, or shall have appointed a co-trustee with a principal place of business, in the State of Delaware, and (c) otherwise acceptable to the Beneficiary.”
Amendment of Section 7.2. Section 7.2 of the Stock Purchase Agreement is hereby deleted and replaced in its entirety as follows:
Amendment of Section 7.2. Section 7.2 of the Credit Agreement is amended and replaced in its entirety to read as follows:
Amendment of Section 7.2. 2. Section 7.2.2 is hereby amended to substitute “[Reserved]” for the text thereof.
Amendment of Section 7.2. 1.2.1 The first paragraph of Section 7.2 of the Note Agreement is amended to read in its entirety as follows: “Each set of financial statements delivered to a holder of Notes pursuant to Section 7.1(a) or (b) shall be accompanied by a certificate of a Senior Financial Officer setting forth (which, in the case of Electronic Delivery of any such financial statements, shall be by separate concurrent delivery of such certificate to each holder of Notes):”
Amendment of Section 7.2. Section 7.2 of the Purchase Agreement is hereby amended by replacing the reference to “February 13, 2007” therein with “February 15, 2007.”
Amendment of Section 7.2. (i) Section 7.2(a) of the Note Agreement is amended to read in its entirety as follows:
Amendment of Section 7.2. Section 7.2 of the Agreement is hereby amended by adding the following to the end of such section: “For purposes of clarification, Purchaser and Seller acknowledge and agree that, if Purchaser makes the $1,000,000 payment contemplated by Section 7.1(f), Purchaser shall not be required to make the $1,000,000 payment contemplated by this Section.” 3 913845.03-CHISR01A - MSW Exhibit 2.2
