Amendment to Subscription Agreement. Section 3.1 of the Subscription Agreement is hereby amended by deleting the phrase “1,125,000 Shares” in its entirety and by substituting in lieu thereof the phrase “937,500 Shares”.
Amendment to Subscription Agreement. Section 3.1 of the Subscription Agreement is hereby deleted in its entirety and replaced with a new Section 3.1 to read as follows:
Amendment to Subscription Agreement. Section 3.1 of the Subscription Agreement is hereby amended and restated in its entirety as follows:
Amendment to Subscription Agreement. (a) The Subscription Agreement shall be deemed to have been amended by this Agreement solely (i) to replace the Schedule of Purchasers attached thereto as Exhibit A with the Amended Schedule of Purchasers to reflect the assignment and assumption effected hereby, (ii) to provide for the issuance and sale of the Shares of Series C Preferred and Series C Warrants to Assignee as provided in Section 2 above, (iii) to deem Assignee to be a "Purchaser" thereunder, and (iv) as provided in Section 3(b) below. The Company undertakes no obligation to update its representations and warranties contained in the Subscription Agreement, which speak only as of the date on which they were originally made (i.e., February 20, 1998).
Amendment to Subscription Agreement. Effective as of the date of this Amendment, Section 5 of the Subscription Agreement is hereby amended by inserting following clause as paragraph (p):
Amendment to Subscription Agreement. 2.1 The reference to “This AGREEMENT effective as of December 5, 2005” on page one (1) of the Subscription Agreement is hereby amended by deleting the reference in its entirety and by substituting the following, “This AGREEMENT effective as of November 1, 2005.”
Amendment to Subscription Agreement. (a) Section 1(j) of the Subscription Agreement is hereby amended and restated and is further replaced and superseded in its entirety by the following Section (j) (the “Subscription Amendment”):
Amendment to Subscription Agreement. A. Except as otherwise defined herein, the capitalized terms set forth in Section 2 of this Modification Agreement shall have the meaning set forth in the Subscription Agreement.
Amendment to Subscription Agreement. Effective as of the Effective Date, Section 1.5 of the Subscription Agreement is hereby amended by deleting the reference to “$106,209,150” in clause (a) of such section and replacing it with the new value of “$85,000,000.”
Amendment to Subscription Agreement. Effective as of the Effective Date, the Subscription Agreement shall be deemed amended as necessary to reflect the Contribution. Other than as amended by the terms hereof, the Subscription Agreement shall remain in full force and effect.
