Amendment to Section 7.3. The following clause is hereby added to the end of the first sentence of Section 7.3 of the Original Agreement: “provided, however, that, in addition to the foregoing and in the case only of a termination without Cause, Employee will receive full acceleration of all of the then-unvested shares subject to stock options and other equity awards that were granted by Northstar to Employee between April 1, 2008 and July 31, 2008.”
Amendment to Section 7.3. Section 7.3 is hereby amended and restated in its entirety to read as follows:
Amendment to Section 7.3. Section 7.3 of the Partnership Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Section 7.3. Section 7.3 of the Series 1 Notes is hereby amended to read in its entirety as follows:
Amendment to Section 7.3. Section 7.3 of the Credit Agreement is hereby amended by (i) deleting the word “and” at the end of clause (d) thereof, (ii) replacing the “.” at the end of clause (e) thereof with the phrase “, and” and (iii) adding a new clause (f) thereto to read as follows:
Amendment to Section 7.3. Section 7.3 of the Original Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 7.3. Section 7.3 of the Credit Agreement is hereby amended by replacing clause (n) thereof in its entirety with the following:
Amendment to Section 7.3. Section 7.3 of the Operating Agreement is hereby amended by adding the following sentence to the end of such Section: “In addition to the rights and remedies available to the Company as set forth above, the Rural Telephone Finance Cooperative, a South Dakota cooperative association (the “RTFC”) shall, in its capacity as the Lender under the Loan Agreement, dated as of April 28, 2000, by and between the RTFC and the Company (the “RTFC Agreement”), be deemed to be a third party beneficiary of the obligations of the Taxable Members under Section 7.2 and shall be entitled to exercise rights and remedies as a third party beneficiary upon the occurrence and continuation of an Event of Default under the RTFC Agreement.”
Amendment to Section 7.3. Section 7.3 of the Credit Agreement shall be amended by deleting the following language from the introductory clause thereof: “or enter into or suffer to exist any agreement or restriction that prohibits or conditions the creation, incurrence or assumption of,”.
Amendment to Section 7.3. Section 7.3 of the Credit Agreement is hereby amended to restate subsections (m) and (o) thereof in their entirety as follows: “(m) Liens related to Indebtedness permitted under Section 7.2(m) not otherwise permitted by this Section so long as neither (i) the aggregate outstanding principal amount of the obligations secured thereby nor (ii) the aggregate fair market value (determined as of the date such Lien is incurred) of the assets subject thereto exceeds (as to the Borrowers and all Subsidiaries) $5,000,000 at any one time;
