Amendment to Paragraph 1 Clause Samples
Amendment to Paragraph 1. Paragraph 1 of the Stock Exchange Agreement is hereby amended to read in its entirety as follows: "At Closing (as hereinafter defined), the stockholders of Matrix listed on Schedule I (the "Stockholders") will deliver to AvTel 3,860,987 properly endorsed, unencumbered shares of Matrix common stock, representing 100% of the outstanding Matrix common stock, in exchange for 9,582,514 shares of common stock of AvTel, after giving effect to the Merger and Reverse Stock Split (defined below), which will not be registered under the Securities Act of 1933, as amended."
Amendment to Paragraph 1. Paragraph 1 of the Agreement is hereby deleted in its entirety and replaced with the following language:
Amendment to Paragraph 1. 3. Paragraph 1.3 of the Loan Agreement is amended to read as follows:
Amendment to Paragraph 1. 19. Paragraphs 1.19 of the Loan Agreement is deleted and the following is substituted in its place:
Amendment to Paragraph 1. 1. Paragraph 1.1 of the Agreement is replaced and hereby amended to read in its entirety as follows:
Amendment to Paragraph 1. Paragraph 1(e) of the Executive Agreement shall be amended by replacing the period at the end of clause (ii) thereof with a semicolon and by adding the following proviso to the end of the definition of “Executive Severance”: “provided, that in the event of a CIC Termination (as hereinafter defined), the amounts payable to the Executive pursuant to paragraph 4(a) and 4(b) shall be computed without regard to the words “the greater of (A) $1,000,000 or (B)” in the first line of this definition and such words shall in such case have no effect.
Amendment to Paragraph 1. Paragraph 1 of the Promissory Note is hereby amended to reflect the repayment of $1,000,000.00 in principal on the Loan, such that the aggregate outstanding principal on the Loan shall be $2,000,000.00.
Amendment to Paragraph 1. 2 of the Restated Lease - Definition of ---------------------------------------------------------------- Premises. Paragraph
Amendment to Paragraph 1. 5. Clauses (iii) of the first paragraph of paragraph 1.5 of the Merger Agreement is hereby amended by deleting the amount “$4.4 million” and substituting in lieu thereof the amount of “$4,552,250.”
Amendment to Paragraph 1. (a) The Guaranty is hereby amended by deleting the second sentence of Paragraph 1 in its entirety and replacing it with the following: “The term “Indebtedness” is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrower, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrower may be liable individually or jointly with others, or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable including, without limitation, all “Obligations” as said term is defined in that certain Credit Agreement dated as September 7, 2004 by and between Borrower and Bank as amended, amended and restated, modified, supplemented or extended from time to time, including, without limitation, by that certain First Amendment to Credit Agreement, Term Loan Note, Line of Credit Note, Security Agreement, Deeds of Execution Copy Trust and Assignments of Rents and Leases, Pledge Agreement and Continuing Guaranty dated effective as of August 31, 2005 by and among Bank, Borrower and the Subsidiaries of Borrower therein set forth, that certain Second Amendment to Credit Agreement and Term Note executed effective as of June 14, 2006, by and between Bank and Borrower, and that certain Third Amendment to Credit Agreement, Deeds of Trust and Assignments of Rents and Leases, Pledge Agreement, Pledge Agreement of Partnership Interests (Limited Partnership Interests), and Continuing Guaranty by and between Bank and Borrower and, including, without limitation all indebtedness owing by Borrower to Bank pursuant to that certain (i) Line of Credit Note dated as of September 7, 2004 in the maximum principal amount of $30,000,000.00, (ii) Restated Line of Credit Note dated as of August 31, 2005 in the maximum amount of $35,000,000.00, (iii) Second Amended and Restated Line of Credit Note dated as of June 14, 2006 in the maximum principal amount of $40,000,000.00, (iv) Third Amended and Restated Line of Credit Note dated as of September 13, 2006 in the maximum principal amount of $45,000,000.00, and (v) that certain Term Note dated as of September 7, 2004 in the original principal amount of $5,000,000.00, as amended, each of the foregoing as renewed, extended, amended, restated, modified or supplemented from time to time and including all ...