Amendment to Section 3.10. Section 3.10 of the XXX is hereby deleted in its entirety and the following is inserted in lieu thereof: “CEO Relocation. Within 12 months following the termination of the travel suspension in effect under Presidential Proclamation 9993 (or any similar travel ban or suspension implemented in response to the COVID-19 pandemic) prohibiting travel from Switzerland to the United States, the Company’s Chief Executive Officer shall be located or relocate to within a reasonable daily commuting distance from the Company’s corporate headquarters in the greater Boston, Massachusetts area.”
Amendment to Section 3.10. Section 3.10 of the Credit Agreement is hereby amended and restated as follows:
Amendment to Section 3.10 is hereby amended and restated in its entirety to read as follows:
Amendment to Section 3.10. Section 3.10 of the Credit Agreement is hereby amended by deleting the first sentence thereof and inserting in lieu thereof the following: "The proceeds of the Loans and Letters of Credit shall be used for (i) working capital and for other general corporate purposes of the Borrower and the Guarantors (including for the payment of fees and transaction costs as contemplated hereby and as referred to in Section 2.19) and (ii) from and after the effectiveness of the Twelfth Amendment in accordance with the terms thereof, Permitted 1110 Acquisitions and Permitted Aircraft Acquisitions in accordance with the terms herein."
Amendment to Section 3.10. Section 3.10 of the Agreement hereby is amended and restated in its entirety as follows: “Notwithstanding any other provision of this Agreement, fractional shares of Parent Common Stock shall be issued to any Company Stockholder entitled to receive a fractional share of Parent Common Stock. In addition, Parent may issue fractional shares with respect to the Escrowed Shares to the Subaccounts and shall exchange Escrowed Shares for fractional shares and subdivide existing shares or fractional shares that are Escrowed Shares to the extent necessary pursuant to Article XVI, the Warrant Escrow Agreement and the Escrow Agreement.”
Amendment to Section 3.10. Section 3.10 of the Credit Agreement is hereby amended to add the following sentence immediately following the last sentence of said Section 3.10: “As of the First Amendment Effective Date, all of the information included in the Beneficial Ownership Certification is true and correct in all material respects.”
