Amendment to Section 5.5. Section 5.5 of the Contribution Agreement is hereby amended by replacing the first word “Subject” with “Except as otherwise contemplated in Section 5.29(e), subject”.
Amendment to Section 5.5. Section 5.5 of the LLC Agreement is hereby amended by added the following phrase “prior to paragraph (a) thereof (to apply to paragraphs (a) through (f) thereof): “Subject to the rights of the holders of Class C Units set forth in Section 5 of Exhibit C attached hereto and the rights of holders of any other class of series of Units hereafter created and issued by the Manager,”
Amendment to Section 5.5. Section 5.5 of the Credit Agreement is hereby amended by deleting the words “(except with respect to the Borrower’s properties constituting Collateral)”.
Amendment to Section 5.5. Section 5.5 of the Agreement is amended to read as follows in its entirety:
Amendment to Section 5.5. (a) The first sentence of Section 5.5 of the Agreement is hereby amended and restated to read as follows: “Each of the parties shall, and shall cause each of its respective subsidiaries to, use its reasonable best efforts to cause each of the First Merger and the Second Merger to constitute a “reorganization” under Section 368(a) of the Code and to cooperate with one another in obtaining an opinion from Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP, counsel to OfficeMax (“OfficeMax’s Counsel”), as provided for in Section 7.2(d), and an opinion from Xxxxxxx Xxxxxxx & Xxxxxxxx LLP, counsel to Office Depot (“Office Depot’s Counsel”), as provided for in Section 7.3(d).”
(b) The last sentence of Section 5.5 of the Agreement is hereby amended and restated to read as follows: “None of the parties and none of their subsidiaries shall take or fail to take any action which action (or failure to act) would reasonably be expected to cause either the First Merger or the Second Merger to fail to qualify as a “reorganization” under Section 368(a) of the Code.”
Amendment to Section 5.5. Section 5.5 of the Original Agreement is hereby deleted and replaced with the following:
Amendment to Section 5.5. Section 5.5 of the Credit Agreement is hereby deleted in its entirety, and the following substituted therefor: "Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank, and (b) that certain guaranty by Borrower in connection with the obligations of SGI to National Australia Bank not to exceed $13,000,000.00 at any time."
Amendment to Section 5.5. 1. Section 5.5.1 of the Purchase Agreement hereby is amended in its entirety to read as follows:
Amendment to Section 5.5. Section 5.5 of the Original Agreement shall be deleted in its entirety.
Amendment to Section 5.5. Section 5.5 of the Warrant Agreement, “Reorganization, Reclassification, Consolidation, Merger or Sale,” is hereby deleted in its entirety and replaced with the following:
