Amendment to Article III. Article III of the Original Agreement is amended to insert new Section 3.4 as follows:
Amendment to Article III. Article III of the Credit Agreement is hereby amended to add the following new Section 3.14 to the end of said Article:
Amendment to Article III. Article III of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.2.1 and 2.2.
Amendment to Article III. Section 3.04 shall be added to Article III in the proper numerical order to read as follows:
Amendment to Article III. All references to “(including the St. Augustine Land)” are hereby deleted in their entirety from Article III of the Contribution Agreement.
Amendment to Article III. Article III of the Agreement is hereby amended by adding a new Section 3.4 as follows:
(a) The parties acknowledge and agree that the Fund is not obligated to provide the Company with a summary prospectus with respect to a Portfolio (a “Fund Summary Prospectus”). Notwithstanding the foregoing, in the event that the Fund offers a Fund Summary Prospectus, the Sponsor represents and warrants that such Fund Summary Prospectus and the hosting of such Fund Summary Prospectus on a website maintained by the Sponsor or its agent in accordance with Rule 498 of the 1933 Act (“Rule 498”) will comply with all applicable state and federal securities laws. For purposes of this Section 3.4, “summary prospectus” shall have the meaning set forth in Rule 498.
(b) The parties acknowledge and agree that the Company, in its sole discretion, may elect to distribute a Fund Summary Prospectus, if issued by the Fund, to its Variable Insurance Product owners. In the event that the Company elects to distribute a Fund Summary Prospectus, the Company represents and warrants that it will comply with all laws and regulations applicable to the Company, the Accounts, or the Variable Insurance Products in connection with the use of such Fund Summary Prospectus.
(c) In the event that the Sponsor elects to discontinue the use of a Fund Summary Prospectus, the Sponsor agrees to use commercially reasonable efforts to provide the Company with prior notice of such discontinuation.”
Amendment to Article III of the Contract, Contract Duration, is hereby amended by adding the following: The Contract is renewed for a new two-year term (the “First Renewal Term”). The First Renewal Term shall begin on September 1, 2021 and end on August 31, 2023, unless it is renewed or terminated pursuant to the terms and conditions of the Contract.
Amendment to Article III. Article III of the Loan Agreement is amended by inserting the following new Section 3.11 immediately after Section 3.10:
Amendment to Article III. Article III of the Merger Agreement is hereby amended to (i) delete in its entirety Section 3.14 of the Merger Agreement and add a new Section 3.14 to the Merger Agreement, which shall read as set forth below, and (ii) add the following additional Company representations and warranties:
Amendment to Article III. Section 3.3 (Notice of Redemption) is hereby amended by deleting the words “30 days” and replacing them with the words “three (3) Business Days” in the first line.
