Amendment to the Definitions. As of the Effective Date, definitions of the terms "Corporate Trust Office in New York City", "Depositary", "Depositary Shares; American Depositary Shares", "Receipt" and "Record Holder; Holder" in Article 1 of the Original Deposit Agreement shall be deleted and replaced in their entirety with the definition of each of the terms set forth below:
Amendment to the Definitions. Utilized in Paragraph 1. Paragraph 1 of the Lease Agreement is modified as follows:
(a) the definitions of the following terms are amended in their entirety to read as follows:
Amendment to the Definitions. (a) Section 1.01 of the Indenture is amended to add the following defined term:
Amendment to the Definitions. In Paragraph 1.1 Definitions, the following definition shall be inserted:
Amendment to the Definitions. Utilized in the Notes. The definition of the term "Maturity Date" in Section 1 of each of the Notes is as modified as follows:
Amendment to the Definitions. (a) The definition of “Additional Notes” set forth within the Base Indenture is hereby deleted in its entirety and replaced with the following:
Amendment to the Definitions. (a) The definition of “Applicable Premium” set forth within the Base Indenture is hereby deleted in its entirety and replaced with the following:
Amendment to the Definitions in Section 1.01.
(a) The table in the definition for the Cumulative Loss Trigger Event of the Pooling and Servicing Agreement is hereby amended and restated in its entirety as follows: Distribution Date Percentage ----------------- ---------- "October 2009 - September 2010................. 0.15% with respect to October 2009, plus an additional 1/12th of 0.25% for each month thereafter through September 2010 October 2010 - September 2011.................. 0.40% with respect to October 2010, plus an additional 1/12th of 0.30% for each month thereafter through September 2011 October 2011 - September 2012.................. 0.70% with respect to October 2011, plus an additional 1/12th of 0.30% for each month thereafter through September 2012 October 2012 - September 2013.................. 1.00% with respect to October 2012, plus an additional 1/12th of 0.35% for each month thereafter through September 2013 October 2013 - September 2014.................. 1.35% with respect to October 2013, plus an additional 1/12th of 0.15% for each month thereafter through September 2014 October 2014 - September 2015.................. 1.50% with respect to October 2014, plus an additional 1/12th of 0.15% for each month thereafter through September 2015 October 2015 - September 2016.................. 1.65% with respect to October 2015, plus an additional 1/12th of 0.15% for each month thereafter through September 2016 October 2016 and thereafter.................... 1.80%"
(b) The definition for Extra Principal Distribution Amount of the Pooling and Servicing Agreement is hereby amended and restated in its entirety as follows:
Amendment to the Definitions. 2.1 The term TECHNOLOGY shall include the ADDITIONAL TECHNOLOGY, and the term LICENSED PATENTS shall include the ADDITIONAL LICENSED PATENTS, with the following limitations:
2.1.1 The Field of Use, with respect to the ADDITIONAL TECHNOLOGY and the ADDITIONAL LICENSED PATENTS, shall be limited to the [*]; ---------------------------- * Confidential treatment requested
2.1.2 MICHIGAN's covenant under Paragraph 3.1 (Commercialization Agreement) shall apply only to the license of the ADDITIONAL TECHNOLOGY and the ADDITIONAL LICENSED PATENTS within the Field of Use;
2.1.3 Article 9 (Commercialization Agreement) shall not apply to ADDITIONAL LICENSED PATENTS; and
2.1.4 Article 10 (Commercialization Agreement) shall apply to ADDITIONAL LICENSED PATENTS only with respect to infringements by third parties (or actions for declaratory judgment of non-infringement or invalidity) relating to the Field of Use.
2.2 If new technology is developed by MICHIGAN which comprises information and inventions that (1) are made by MICHIGAN'S faculty member [*] or employees working under his direction, (2) are made prior to the first commercial sale of any LICENSED PRODUCTS, (3) are not subject to conflicting option rights, license rights or other contractual rights at the time created, and (4) contribute to the potential use of LICENSED PRODUCTS for the [*], then MICHIGAN shall grant rights to CPI to such technology equivalent to the rights granted to ADDITIONAL TECHNOLOGY in Paragraph 2.1 above, except on a non-exclusive basis and [*]. CPI shall [*].
Amendment to the Definitions. Utilized in the Notes. Section 1 of each of the Notes is modified as follows:
(a) the definitions of the term "Applicable Libor Margin" is amended in its entirety to read as follows: