Amendment to Section 3.3. Section 3.3 of the Original Agreement is amended to insert the following as the last paragraph: “An Executive Termination Payment may be due in connection with the termination of this Agreement pursuant to this Section 3.3 as described in and subject to the limitations of Section 3.4(c).”
Amendment to Section 3.3. Section 33 of the Contract, Sectarian Involvement, is hereby amended and restated to read in its entirety as follows: Contractor shall ensure that no funds under this Contract are used, either directly or indirectly, in the support of any religious or anti-religious, activity, worship, or instruction. This clause shall be interpreted in respect of 45 CFR §75.218 and Part. 87.
Amendment to Section 3.3. Section 3.3 of the Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 3.3. Section 3.3(a) of the Agreement is hereby amended by replacing the words “be liable for” with the word “Assume”.
Amendment to Section 3.3. In Section 3.3 of the Agreement, the phrase “Except for the approval of this Agreement by the affirmative vote of a majority of all the votes entitled to be cast on this Agreement by all shares of SunTrust Common Stock entitled to vote on this Agreement (the “Requisite SunTrust Vote”)” is hereby deleted and replaced with the phrase “Except for the approval of this Agreement by the affirmative vote of a majority of all the votes entitled to be cast on this Agreement by all shares of SunTrust Common Stock and SunTrust Preferred Stock entitled to vote on this Agreement, voting together as a single class (the “Requisite SunTrust Vote”)”.
Amendment to Section 3.3. 4. Section 3.3.4 of the Warrant Agreement shall be amended to read in its entirety as follows:
Amendment to Section 3.3. Section 3.3 of the Loan Agreement shall be deleted in its entirety and the following shall be substituted therefor: “Servicing Fee. Borrower shall pay to Lender quarterly, a servicing fee in an amount equal to $2,000 in respect of Lender’s services for each fiscal quarter (or part thereof) while the Loan Agreement remains in effect and for so long thereafter as any of the Obligations are outstanding, which fee shall be fully earned as of and payable in advance on the first day of every fiscal quarter hereafter.”
Amendment to Section 3.3. Section 3.3 of the Security Agreement is hereby amended as of the Second Amendment Effective Date as follows:
(a) Clause (b) of Section 3.3 of the Security Agreement is hereby amended by amending and restating subclause (i) of such clause in its entirety as follows:
(i) all Accounts constituting Receivables (other than Used Truck Collateral) represent bona fide sales of Parts Inventory or rendering of services to Account Debtors in the ordinary course of the Grantor’s business and, unless the procedures set forth in Section 4.1(c)(ii) have been complied with, are not evidenced by a judgment, Instrument or Chattel Paper;”
(b) Clause (c) of Section 3.3 of the Security Agreement is hereby amended by amending and restating such clause in its entirety as follows:
(c) From and after the date the Collection Account is established in accordance with Section 5.11 of the Credit Agreement, no payments have been or shall be made on any Accounts arising from the sale of Parts Inventory except payments delivered to the Collection Account in accordance with Section 5.11 of the Credit Agreement and subject to any exceptions set forth in Section 5.11 of the Credit Agreement (other than payments as a result of inadvertent mistakes).”
Amendment to Section 3.3. Section 3.3 of the Credit Agreement is hereby amended by deleting the words “July 17, 2013” therein and inserting “July 17, 2014” in lieu thereof.
Amendment to Section 3.3. Section 3.3 of the Credit Agreement is hereby amended and restated in its entirety to read:
