Amendment to Section 17. Section 17 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 17. Section 17 of the Operating Agreement entitled “HUD Provisions” is hereby amended by deleting the entire text contained therein and substituting the following in lieu thereof:
Amendment to Section 17. Section 1.7 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 17. Section 1.7 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 17. The notice provision set forth in Section 17 of the Agreement is amended and restated in its entirety to read as follows: All notices, demands, requests, consents or other communications to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given when (i) delivered personally to the recipient, (ii) sent by confirmed facsimile or confirmed electronic mail transmission before 5:00 p.m. New York City time on a Business Day, and otherwise on the next Business Day, or (iii) one Business Day after being sent to the recipient by reputable overnight courier service (charges prepaid). Such notices, demands, requests, consents and other communications shall be sent (i) if to the Company, to Colfax Corporation, 0000 Xxxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000, and (ii) if to any Holder, to 0000 Xxxxxxxxxxxx Xxxxxx, XX, Xxxxx 000X, Xxxxxxxxxx, XX 00000, or to such Holder at the address then on record with the Company or to such other address of Holder designated in writing to the Company from time to time.
Amendment to Section 17. 3(a). Section 17.3(a) shall be amended by adding the following as a new final sentence thereof: If the Partnership shall have delivered a Series B Redemption Notice pursuant to Section 17.5 then the Partnership may, but shall not be required to, include in the final Series B Distribution the amount of distributions scheduled to accumulate from the final Series B Distribution Payment Date through the Series B Redemption Date.
Amendment to Section 17. 5. Section 17.5 shall be amended by adding a new section (g) thereof which reads as follows:
Amendment to Section 17. 1. Section 17.1 of the Agreement is hereby deleted, and the following in inserted in its place and stead:
Amendment to Section 17. In Section 1.7, clause (a)(i) contained in the second and third lines thereof shall be amended and restated in its entirety to read as follows:
Amendment to Section 17. The text “(in each case in this clause (iv), solely if receipt is confirmed, but excluding any automated reply, such as an out-of-office notification)” in Section 17 is deleted in its entirety.
