Amendment to Section 3.01(a). Section 3.01 (a) of the Advisory Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 3.01(a). Section 3.01(a) of the Subordinated Indenture is hereby amended to read as follows:
(a) The Series 2004 Subordinated Bonds shall be designated “Public Facilities Financing Authority of the City of San Diego Non-Transferable Subordinated Sewer Revenue Bonds, Series 2004 (Payable Solely From Series 2004 Subordinated Installment Payments Secured By Wastewater System Net Revenues)” and shall be in the aggregate principal amount of One Hundred Fifty-Two Million Dollars ($152,000,000). The Series 2004 Subordinated Bonds shall be dated their date of delivery and mature on December 15, 2011. The principal of and premium, if any, and interest on the Series 2004 Subordinated Bonds shall be payable in lawful money of the United States of America by wire transfer of immediately available funds to the bank account or number within the United States specified by the Owner in writing to the Trustee for that purpose. The Authority hereby fixes and confirms the sinking account payments for the 2004 Subordinated Bonds as follows: March 15, 2007 $ 7,600,000 June 15, 2007 7,600,000 September 15, 2007 7,600,000 December 15, 2007 7,600,000 March 15, 2008 7,600,000 June 15, 2008 7,600,000 September 15, 2008 7,600,000 December 15, 2008 7,600,000 March 15, 2009 7,600,000 June 15, 2009 7,600,000 September 15, 2009 7,600,000 December 15, 2009 7,600,000 March 15, 2010 7,600,000 June 15, 2010 7,600,000 September 15, 2010 7,600,000 December 15, 2010 7,600,000 March 15, 2011 7,600,000 June 15, 2011 7,600,000 September 15, 2011 7,600,000 December 15, 2011* 7,600,000 * Maturity
Amendment to Section 3.01(a). Section 3.01(a) of the Merger Agreement is hereby amended by deleting such Section in its entirety and replacing it with the following:
Amendment to Section 3.01(a). Section 3.01(a) of the Merger Agreement is hereby amended by deleting such Section in its entirety and replacing it with the following:
(a) Each share of common stock of Merger Sub issued and outstanding immediately prior to the Effective Time shall cease to exist, and such shares, including any certificates therefor, shall automatically be cancelled and retired.”
Amendment to Section 3.01(a). Section 3.01(a) is amended by replacing “$30,000,000” with “$50,000,000”.
Amendment to Section 3.01(a). Section 3.01(a) of the Mortgage is hereby amended by (A) inserting the words "in accordance with Sections 2.13(e) and 11 of the Credit Agreement" immediately after the words "applied by the Paying Agent to the prepayment of the Loans" appearing therein and (B) inserting the following new sentence immediately following the final sentence appearing in the final paragraph therein: "Any Replacement Airframe which substitutes for an airframe which prior to such substitution constituted Tranche A and B Priority Collateral shall constitute Tranche A and B Priority Collateral. Any Replacement Airframe which substitutes for an airframe which prior to such substitution constituted Tranche C Priority Collateral shall constitute Tranche C Priority Collateral.".
Amendment to Section 3.01(a). From and after the Amendment Effective Date, the Letter of Credit Fee set forth in Section 3.01(a) of the Credit Agreement is hereby changed from 1% to 2%. In addition to the issuance of new Letters of Credit, this changed Letter of Credit fee shall apply to the annual renewal of all Letters of Credit regardless of the date of issuance.
