Common use of Amendment of the Note Purchase Agreement Clause in Contracts

Amendment of the Note Purchase Agreement. In accordance with Section 18 of the Note Purchase Agreement, each of the following provisions of the Note Purchase Agreement is hereby amended and restated in its entirety as follows: 1.1 Section 7.1(a) is hereby amended and restated in its entirety to read as follows: (a) Semi-Annual Statements of the Parent — within 120 days after the end of the second quarter of each fiscal year of the Parent, duplicate copies of (i) an unaudited consolidated balance sheet of the Parent and its Subsidiaries as at the end of such period, and (ii) unaudited consolidated statements of income, shareholders’ equity and cash flows of the Parent and its Subsidiaries for the six-month period ending on such date, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to such financial statements generally, and certified by a Senior Financial Officer as presenting fairly, in all material respects, the consolidated financial position of the Parent and its Subsidiaries being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments, provided that delivery within the time period specified above of copies of the Company’s Current Report on Form 6-K containing such financial information and furnished to the SEC shall be deemed to satisfy the requirements of this Section 7.1(a), provided further that, subject to Section 7.1(i) below, the Parent shall be deemed to have made such delivery of such semi-annual statements if it shall have timely made such semi-annual statements available on its home page on the worldwide web and shall have given each holder of Notes prior notice of such availability by email on each such occasion on which such statements are made available at the email address set forth for such holder on Schedule A or such other email address as such holder shall have provided in writing to the Parent or the Company for such purpose (such availability and such prior notice being referred to as “Electronic Delivery”); provided that each holder of the Notes may at any time request the Parent to deliver to such holder a hard copy of any information, which is being made available by Electronic Delivery pursuant to this Section 7.1(a), and the Parent shall comply with any such request within 10 Business Days;” 1.2 Section 7.1 is hereby amended by adding a new clause (j) at the end thereof as follows:

Amendment of the Note Purchase Agreement. In accordance with Section 18 of the Note Purchase Agreement, each Each of the following provisions of the Note Purchase Agreement is hereby amended and restated in its entirety as follows: 1.1 Section 7.1(a) is hereby amended and restated in its entirety to read as follows: (a) Semi-Annual Statements of the Parent Company — within 120 days after the end of the second quarter of each fiscal year of the ParentCompany, duplicate copies of (i) an unaudited consolidated balance sheet of the Parent Company and its Subsidiaries as at the end of such period, and (ii) unaudited consolidated statements of income, shareholders’ equity and cash flows of the Parent Company and its Subsidiaries for the six-month period ending on such date, setting forth in each case in comparative form the figures for the corresponding periods in the previous fiscal year, all in reasonable detail, prepared in accordance with GAAP applicable to such financial statements generally, and certified by a Senior Financial Officer as presenting fairly, in all material respects, the consolidated financial position of the Parent Company and its Subsidiaries being reported on and their results of operations and cash flows, subject to changes resulting from year-end adjustments, provided that delivery within the time period specified above of copies of the Company’s Current Report on Form 6-K containing such financial information and furnished to the SEC shall be deemed to satisfy the requirements of this Section 7.1(a), provided further that, subject to Section 7.1(i) below, the Parent Company shall be deemed to have made such delivery of such semi-annual statements if it shall have timely made such semi-annual statements available on its home page on the worldwide web and shall have given each holder of Notes prior notice of such availability by email on each such occasion on which such statements are made available at the email address set forth for such holder on Schedule A or such other email address as such holder shall have provided in writing to the Parent or the Company for such purpose (such availability and such prior notice being referred to as “Electronic Delivery”); provided that each holder of the Notes may at any time request the Parent Company to deliver to such holder a hard copy of any information, which is being made available by Electronic Delivery pursuant to this Section 7.1(a), and the Parent Company shall comply with any such request within 10 Business Days;” 1.2 Section 7.1 is hereby amended by adding a new clause (j) at the end thereof as follows: