Amendment to Section 4.9. Section 4.9 is hereby amended by adding subsections (g), (h) and (i) to read as follows:
Amendment to Section 4.9. 1. Section 4.9.1 of the Agreement is hereby amended and restated in its entirety to read as follows: "The Proxy Statement and any Other Filings, and any amendments or supplements thereto, at (A) the time the Registration Statement is declared effective, (B) the time the Proxy Statement (or any amendment thereof or supplement thereto) is first mailed to the stockholders of the Company, (C) if applicable, the time the Proxy Statement (or any amendment thereof or supplement thereto) is first mailed to stockholders of Parent, (D) the time of the Company Stockholders' Meeting, and (E) the Effective Time, will comply as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and other applicable Laws."
Amendment to Section 4.9. Section 4.9 of the Credit Agreement is hereby deleted in its entirety, and the following substituted therefor:
Amendment to Section 4.9. Section 4.9 of the Agreement is hereby amended in its entirety as follows:
Amendment to Section 4.9. Section 4.9 of the Consolidated Loan Agreement is hereby deleted and the following substituted in lieu thereof:
Amendment to Section 4.9. The Parties hereby agree to delete Section 4.9 of the Stock Purchase Agreement which shall be replaced with “Intentionally left blank”.
Amendment to Section 4.9. Section 4.9 of the BCA is hereby amended by inserting at the end of such Section a new Section 4.9(h) that reads as follows:
Amendment to Section 4.9 a. The first sentence of Section 4.9 of the Original Agreement shall be amended by deleting the words “and Parent Unitholders” and the words “and Parent Unitholders Meeting”.
Amendment to Section 4.9. Section 4.9(m) of the Merger Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 4.9. Section 4.9 of the Merger Agreement is hereby amended by deleting Section 4.9 thereof in its entirety and substituting “[Intentionally Omitted]” therefor.
