Common use of Amendment to Article 4 Clause in Contracts

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. (a) Section 4.02 of the Indenture is hereby amended by deleting the final sentence of such Section and adding the following new sentence sentences as the final sentence sentences 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 31Xxxxx 00, 20060000, (iixx) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) on or prior to Xxxxxxx, Xxxxx 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 February 15, 2006 and 2007, (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 February 15, 2007 and (v) its quarterly report on Form 10-Q for the quarter ended December 31, 2006 (the “Third Quarter 2007 10-Q”) prior to February 15, 2007; provided that if on (x) February 16, 2007, the Company shall not have filed any of the First Quarter 2007 10-Q, the Second Quarter 2007 10-Q or the Third Quarter 2007 10-Q, the Company shall be permitted to extend the filing dates thereof to March 15, 2007, upon notice to the Trustee and a cash payment to all Holders of record of the Notes as of February 16, 2007 of an amount equal to $1.25 per $1,000 principal amount of Notes (such payment to be made no later than February 22, 2007); and (y) March 16, 2007, the Company shall not have filed any of the First Quarter 2007 10-Q, the Second Quarter 2007 10-Q or the Third Quarter 2007 10-Q, the Company shall be permitted to extend the filing dates thereof to May 15, 2007, upon notice to the Trustee and a cash payment to all Holders of record of the Notes as of March 16, 2007 of an amount equal to $1.25 per $1,000 principal amount of Notes (such payment to be made no later than March 22, 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 sentence 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 K, the First Quarter 2007 10-Q, and, if filed after November 14, 2006, the Second Quarter 2007 10-Q, and the Third Quarter 2007 10-Q, in each case, even if such Third Quarter 2006 10-Q, 2006 10-K, First Quarter 2007 10-Q, Second Quarter 2007 10-Q or Second Third 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. (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 31January 16, 20062007, (ii) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) on or prior to XxxxxxxJanuary 16, 00, 00002007, (xxxiii) 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 February 15, 2006 and 2007, (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 February 15, 2007 and (v) its quarterly report on Form 10-Q for the quarter ended December 31, 2006 (the “Third Quarter 2007 10-Q”) prior to February 15, 2007; provided that if on (x) January 17, 2007, the Company shall not have filed either the Third Quarter 2006 10-Q or the 2006 10-K, the Company shall be permitted to extend the filing dates thereof to February 15, 2007, upon notice to the Trustee and a cash payment to all Holders of record of the Notes as of January 17, 2007 of an amount equal to $1.25 per $1,000 principal amount of Notes (such payment to be made no later than January 23, 2007); and (y) February 16, 2007, the Company shall not have filed any of the First Quarter 2007 10-Q, the Second Quarter 2007 10-Q or the Third Quarter 2007 10-Q, the Company shall be permitted to extend the filing dates thereof to March 15, 2007, upon notice to the Trustee and a cash payment to all Holders of record of the Notes as of February 16, 2007 of an amount equal to $1.25 per $1,000 principal amount of Notes (such payment to be made no later than February 22, 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 sentence 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 K, the First Quarter 2007 10-Q, the Second Quarter 2007 10-Q, and, if filed after November February 14, 20062007, the Second Third Quarter 2007 10-Q, in each case, even if such Third Quarter 2006 10-Q, 2006 10-K, First Quarter 2007 10-Q, Second Quarter 2007 10-Q or Second Third 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.”