Amendment to Section 2.6. Section 2.6 of the Credit Agreement is restated in its entirety as follows:
Amendment to Section 2.6. Section 2.6 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.6. Section 26 of the Rights Agreement is hereby amended by deleting the Rights Agent’s notice information and replacing it in its entirety with the following: Computershare Trust Company, N.A. 000 Xxxxxx Xxxxxx Canton, MA 02021 Attention: Client Services
Amendment to Section 2.6. Section 26 of the Rights Agreement is hereby amended (a) by deleting the first parenthetical clause in the second sentence thereof, which reads “(which resolution shall be effective only with the concurrence of a majority of the Continuing Directors, and only if the Continuing Directors constitute a majority of the number of directors then in office)”, in its entirety and (b) by deleting the parenthetical clause in clause (A) of the proviso to the second sentence thereof, which reads “(with, where required, the concurrence of a majority of the Continuing Directors)”, in its entirety.
Amendment to Section 2.6. A new Subsection E is added to Section 26 as follows:
Amendment to Section 2.6. Section 2.6 shall be amended and deleting the fifth sentence thereof and replacing it with the following: “It is the intention of the parties hereto that, solely for purposes of federal income taxes, state and local income and franchise taxes, and any other taxes imposed upon, measured by, or based upon gross or net income, the Master Owner Trust shall be treated as a division or branch of the Seller; provided, that, if the Master Owner Trust Certificates are owned by more than one Person, the parties agree to treat the Master Owner Trust as a partnership.”
Amendment to Section 2.6. Section 2.6 of the Agreement is hereby amended and replaced in its entirety as follows: “Each holder of shares of EVBS Common Stock or EVBS Series B Preferred Stock exchanged pursuant to the Merger which would otherwise have been entitled to receive a fraction of a share of Continuing Corporation Common Stock shall receive, in lieu thereof, cash (without interest and rounded to the nearest cent) in an amount equal to such fractional part of a share of Continuing Corporation Common Stock multiplied by the closing sale price of SONA Common Stock on the NASDAQ Global Market for the trading day immediately preceding (but not including) the Effective Date.”
Amendment to Section 2.6. Section 2.6 is amended to read in full as follows:
Amendment to Section 2.6. Section 2.6 of the Original Agreement is hereby deleted in its entirety, and the following new Section 2.6 is inserted in lieu thereof for all purposes:
Amendment to Section 2.6 of the Loan Agreement shall be amended by deleting such section in its entirety and substituting the following therefor:
