Amendment to Paragraph. 2(c) of Senior Preferred Stock (Relating to Dividend Rate and Dividend Amount). With respect to the Senior Preferred Stock Certificate sold by Seller to Purchaser and purchased by Purchaser from Seller, Seller agrees either to amend the existing paragraph 2(c) of the Senior Preferred Stock Certificate, or to issue a replacement Senior Preferred Stock Certificate, in either case so that, effective September 30, 2012, paragraph 2(c) reads as follows:
Amendment to Paragraph. (B) of Section 9(b)(iv) of the Agreement. Paragraph (B) of Section 9(b)(iv) of the Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Paragraph. 6B(13). Paragraph 6B(13) of the Note Agreement is amended and restated in its entirety to read as follows:
Amendment to Paragraph. 2(a) of Senior Preferred Stock (Relating to Dividend Payment Dates and Dividend Periods). With respect to the Certificate of Creation, Designation, Powers, Preferences, Rights, Privileges, Qualifications, Limitations, Restrictions, Terms and Conditions of Variable Liquidation Preference Senior Preferred Stock (Par Value $1.00 Per Share) dated September 7, 2008 (the “Senior Preferred Stock Certificate”), sold by Seller to Purchaser and purchased by Purchaser from Seller, Seller agrees either to amend the existing paragraph 2(a) of the Senior Preferred Stock Certificate, or to issue a replacement Senior Preferred Stock Certificate, in either case so that, by not later than September 30, 2012, paragraph 2(a) reads as follows:
Amendment to Paragraph. 3(f). Paragraph 3(f) is amended and restated to read as follows:
Amendment to Paragraph. 1 Paragraph 1 of the LOI is hereby amended to read as follows:
Amendment to Paragraph. 2 Paragraph 2 of the ORIGINAL AGREEMENT is hereby amended to read as follows:
Amendment to Paragraph. 4 Paragraph 4 of the ORIGINAL AGREEMENT is hereby amendment to read as follows:
Amendment to Paragraph. 9(b). Paragraph 9(b) of the Stock Exchange --------------------------- -------------- Agreement shall be deleted in its entirety.
Amendment to Paragraph. 2B(2). Paragraph 2B(2) of the Note Agreement is amended to delete in its entirety clause (i) thereof and to substitute therefore the following: “(i) November 1, 2013,”.
