Amendment to Article 5. Article 5 of the Credit Agreement is hereby by amended by adding the following new Section 5.7:
Amendment to Article 5. A new Section 5.16 of the Credit Agreement is hereby added to Article 5 of the Credit Agreement immediately following Section 5.15 of the Credit Agreement as follows:
Amendment to Article 5. A. Section 5.8 of the Agreement is hereby amended by deleting such Section in its entirety and inserting the following in lieu thereof:
Amendment to Article 5. Clause (i) of Section 5.06 of the Credit Agreement is hereby amended by deleting the date “July 31, 2004” therein and inserting the date “December 31, 2004” in the place thereof.
Amendment to Article 5. Section 5.04 of the Stock Purchase Agreement is amended by adding the following sentence to the end of such section: "At such time as Buyer ceases to hold the minimum amount of Preferred Shares or Common Stock that would entitle Buyer to designate a Buyer Director under this Section 5.04, then Buyer's right to designate such additional director shall cease and, upon notice of termination from the Corporation to Buyer, the term of office of the Buyer Director shall forthwith terminate and the size of the Board of Directors shall be reduced accordingly."
Amendment to Article 5. Article 5 of the Agreement is hereby amended to add to the end thereof the following new Section 5.20:
Amendment to Article 5. Article 5 of the Loan Agreement, General Covenants, is hereby amended by inserting the following new Section 5.17 at the end of Article 5:
Amendment to Article 5 of the Indenture is hereby deleted in its entirety.
Amendment to Article 5. Article 5 of the LICENSE AGREEMENT is hereby amended to read in its entirety as follows:
Amendment to Article 5. Section 5-17(a) of the Agreement is amended to read as follows:
(a) Pay any cash dividend or make any other distribution in respect of any class of the Borrower's capital stock, except that the Borrower may make scheduled payments of principal and interest to the Borrower's Class C shareholders for the two quarterly periods commencing December 31, 2003, provided that no Event of Default is occurring at the time of such payment, and will not have occurred as a result of the making of such payment, and the Borrower maintains required Availability upon the making of any such payment.
