Amendment to Article 4. (a) Section 4.02 of the Indenture is hereby amended by deleting the final sentence of such Section and adding the following new sentence as the final sentence of such Section: “Notwithstanding any other provision in this Section 4.02, the Company shall not be required to file (i) its quarterly report on Form 10-Q for the quarter ended December 31, 2005 (the “Third Quarter 2006 10-Q”) on or prior to October 31, 2006, (ii) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) on or prior to Xxxxxxx, 00, 0000, (xxx) its quarterly report on Form 10-Q for the quarter ended June 30, 2006 (the “First Quarter 2007 10-Q”) on or prior to December 15, 2006 and (iv) its quarterly report on Form 10-Q for the quarter ended September 30, 2006 (the “Second Quarter 2007 10-Q”) on or prior to January 31, 2007; provided that if the Company is in breach of Section 4.03(e) hereof, clauses (i), (ii), (iii) and (iv) of this Section 4.02 shall be deemed null and void, and the Company shall be deemed to be in default of its obligations under this Section 4.02 with respect to the Third Quarter 2006 10-Q, the 2006 10-K and the First Quarter 2007 10-Q, and, if filed after November 14, 2006, the Second Quarter 2007 10-Q, in each case, even if such Third Quarter 2006 10-Q, 2006 10-K, First Quarter 2007 10-Q or Second Quarter 2007 10-Q have been filed with the SEC. For the avoidance of doubt, the Company shall not be required to refile its annual report on Form 10-K for the year ended March 31, 2005 and its quarterly reports on Form 10-Q for each of the quarters ended June 30, 2005 and September 30, 2005 in connection with the contemplated restatement of certain previously issued financial statements included or otherwise summarized therein.”
Amendment to Article 4. Sections 4.2 through 4.9 of the Indenture, inclusive, Sections 4.11 through 4.14 of the Indenture, inclusive, and Sections 4.16 through 4.19 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: "Reserved."
Amendment to Article 4. (i) Subsection 4(b) of the Stockholders’ Agreement is hereby amended and restated as follows:
(b) In the event that a designee of LAL or RSL ceases to be a member of the Board of Directors by virtue of resignation, removal, death or disability, then the Stockholder who designated such person, so long as he has the right to designate a nominee, shall designate another person to fill that vacancy.”
(ii) Article 4 of the Stockholders’ Agreement is hereby amended by adding the following after clause (d) thereof:
Amendment to Article 4. Article 4 of the Collaboration Agreement shall be deleted in its entirety.
Amendment to Article 4. The provisions of Section 4-20(b)(ii) of the Agreement are hereby amended to read as follows:
Amendment to Article 4. Article 4 of the Agreement is hereby amended to add a new Section 4.6 that shall provide as follows:
Amendment to Article 4. Article 4 of the Series 2006-1 Indenture Supplement is hereby amended by deleting clause (o) thereof in its entirety and inserting the following new clause (o) in lieu thereof:
Amendment to Article 4. Section 4-19 of the Agreement is hereby amended by adding the words “following the effective date of the Sixth Amendment” after the words “$15 Million” in the second line thereof.
Amendment to Article 4. Article 4 of the Stockholders' Agreement is hereby amended by adding the following new Section 4.8:
Amendment to Article 4. The first paragraph of Article 4.4 of the Operating Agreement is hereby amended to read as follows:
