Amendment to Paragraph 5. 15 (Maximum Funded Debt to Adjusted ------------------------------------------------------------ EBITDA Ratio). Paragraph 5.15 of the Credit Agreement is hereby amended and ------------- restated to read in its entirety as follows:
Amendment to Paragraph 5. The fifth paragraph of the Agreement is hereby amended and restated in its entirety to the following: For a period of twelve (12) months following the Termination Date, Company agrees that it shall provide SI Securities at least 30 days prior written notice of any proposed future offering of Securities made pursuant to Regulation A (the “Future Offering”), and therein shall provide SI Securities the opportunity to serve as Company’s exclusive placement agent in connection with such Future Offering in accordance with the terms set forth in Exhibit A attached herein (the “Right of First Refusal”). The Company shall not be required to provide SI Securities with a Right of First Refusal if the Company exercised its right to terminate this Agreement “for cause”. For the avoidance of doubt, “for cause” termination shall include termination due to any material failure by SI Securities to provide the services contemplated herein. The Company will not be required to retain SI Securities and will not be bound to any fees if, within twelve (12) months of the Termination Date, if it decides to proceed with a capital raise under Regulation D solely from institutional and accredited investors, instead of through Regulation A. However, if SI Securities chooses not to serve as Company’s placement agent for a Future Offering, in its sole discretion, this Agreement shall automatically terminate.
Amendment to Paragraph 5. Paragraph 5 of the Lease Agreement shall be replaced and is hereby amended as follows:
Amendment to Paragraph 5. The fifth paragraph of the Agreement is hereby amended to add the following as the second sentence: SI Securities shall only receive the Right of First Refusal in the event the Agreement is terminated prior to qualification by the U.S. Securities and Exchange Commission of the Offering.
Amendment to Paragraph 5. The fifth paragraph of the Agreement is hereby amended to include the following additional sentence at the end of such paragraph: For the avoidance of doubt, SI Securities’ right to participate in additional Future Offerings shall terminate should the Company proceed with the Offering pursuant to this Agreement.
Amendment to Paragraph 5. PARAGRAPH 5 of the Loan Agreement shall be and is hereby further amended to add the following as additional subparagraphs thereto:
Amendment to Paragraph 5. Paragraph 5 of the Agreement is hereby deleted and replaced and superseded by the following:
Amendment to Paragraph 5. Paragraph 5 of the Note Agreement is amended by inserting new paragraphs 5H and 5I at the end thereof to read as follows:
Amendment to Paragraph 5. Paragraph 5 (Specific duties and obligations of the employee) of the Original Agreement is deleted in its entirety and replaced with the following provision:
Amendment to Paragraph 5. Section 5(i) of the Agreement is amended as follows: 5.
