Amendment to Section I. 1(a). The following sentence is hereby added to the end of Section I.1(a) of the Agreement: “The Transfer restrictions in this Article I shall be terminated and shall have no further force or effect as of the 180th day after the date on which the underwriting agreement relating to an IPO (as defined in Section I.2(c) hereof) is entered into.
Amendment to Section I. 2(c). The second sentence of Section I.2(c) of the Agreement is hereby amended and restated to read as follows: “Notwithstanding any other provision contained in this Agreement, a Management Stockholder may not Transfer any Shares (other than pursuant to Section 2.1 hereof or to a Permitted Transferee pursuant to Section 1.2(a) hereof) until the earlier to occur of (i) 60 days after an IPO, or (ii) the day after the date on which the Investor Group Holders shall have disposed of Shares constituting more than 33-1/3% of the Original Shares (as defined in Article VI) and, thereafter, the aggregate number of Shares which a Management Stockholder may Transfer (other than pursuant to Section 2.1 hereof or to a Permitted Transferee pursuant to Section 1.2(a) hereof) in any 12 month period shall not exceed 25% of the sum of the number of Shares (if any) acquired by such Management Stockholder pursuant to the Subscription Agreement between the Company and such Management Stockholder plus the total number of Shares (if any) acquired by such Management Stockholder pursuant to the exercise of employee stock options; provided that each of the Management Stockholders set forth on Schedule I to this Agreement may Transfer up to the number of Shares set forth opposite his name on Schedule I in an IPO if such Management Stockholder shall have entered into a 180-day lock-up agreement for the benefit of the underwriters in the IPO and if such Management Stockholders do not Transfer any other Shares during such lock-up period.”
Amendment to Section I. 3(a). The last proviso of Section I.3(a) of the Agreement is hereby amended to read as follows: “provided, further, that, upon the consummation of an IPO, the provisions of the preceding proviso and the following provisions of this Section I.3 shall be terminated and shall have no further force or effect.”
Amendment to Section I. C.1. The parties hereby agree that Section I.C.1 of the Agreement is hereby deleted in its entirety and the following new Section I.C.1 is hereby inserted in place thereof:
Amendment to Section I. Section I of the Term Sheet is hereby amended in the following respects:
Amendment to Section I. The second sentence of Section I of the Loan Agreement is amended in its entirety to read as follows: "The total amount of all loans and letters of credit outstanding under the Revolving Note may vary from time to time, but shall not exceed in the aggregate at any one time the lesser of (a) $1,350,000 or (b) 80% of Borrower's Eligible Accounts Receivable."
Amendment to Section I. ‘Definitions’) The definition of “Net Asset Value Floor” in Section 1 of the Agreement is hereby amended to replace the dollar amount “USD $165,000,000” with the dollar amount “USD $70,000,000”.
Amendment to Section I. A.1 of the Non-Member Financial Assurance Policy. Section I.A.1 of the Financial Assurance Policy for NEPOOL Non-Participant Transmission Customers, included as Attachment M to the NEPOOL Tariff, as amended by the Eighty-Third Agreement (the "Non-Member Financial Assurance Policy"), is amended by deleting from the second sentence of the second paragraph the following text: "as well as a lien search for such Non-Participant Applicant."
Amendment to Section I. A.2 of the Non-Member Financial Assurance Policy. Section I.A.2 of the Non-Member Policy is amended by deleting the third sentence.
