Amendment to the Notes. The Notes include certain of the foregoing provisions from the Indenture to be deleted or amended pursuant to Sections 2.2 and 2.3 hereof. Upon the Operative Date, such provisions from the Notes shall be deemed deleted or amended as applicable. This Supplemental Indenture may be executed in several counterparts, all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties have not signed the same counterpart.
Amendment to the Notes. With respect to each Note issued by the Issuer to the Purchasers under the SPA and currently outstanding and each Note issuable by the Issuer to the Holders under the SPA (collectively, the "Notes"), the Holders and the Issuer hereby agree that, effective as of the Effective Time:
a. the definition "Closing Date" in the SPA shall be amended and restated to read in its entirety as follows:
Amendment to the Notes. The Notes include certain of the provisions to be deleted from or amended in the Indenture pursuant to the foregoing Section 1 of this Supplemental Indenture. Subject to Section 2 of Article 2, upon the execution of this Supplemental Indenture, such provisions as they appear in the Notes shall be deemed so deleted or amended, as applicable, without the necessity for any reissuance or exchange of such Notes or any other action on the part of the Holders of the Notes, the Company or the Trustee, so as to reflect this Supplemental Indenture.
Amendment to the Notes. The Notes include certain of the foregoing provisions identified in Section 1.1 hereof from the Indenture. Subject to Section 2.11 hereof, the provisions of this Supplemental Indenture will amend such provisions in the Notes.
Amendment to the Notes. The Notes include certain of the foregoing provisions from the Indenture. Upon the effective date, such provisions from the Notes shall be deemed deleted.
Amendment to the Notes. The Note Parties and the Holders hereby amend each of the Notes and the exhibit form of senior secured convertible note attached to the Purchase Agreement as follows:
Amendment to the Notes. Section 2.1 of each Note is hereby amended in its entirety to read as follows:
Amendment to the Notes. (a) The proviso beginning on the fifth line of Paragraph 7 of the reverse side of the Note is hereby amended to delete the number “$100,000” and substitute the number “$1,000” therefor.
(b) The sixth line of Paragraph 8 of the reverse side of the Note is hereby amended to delete the number “$100,000” and substitute the number “$1,000” therefor.
(c) The third line of the second paragraph of Paragraph 9 of the reverse side of the Note is hereby amended to delete the number “$100,000” and substitute the number “$1,000” therefor.
(d) The second line of Paragraph 10 of the reverse side of the Note is hereby amended to delete the number “$100,000” and substitute the number “$1,000” therefor.
Amendment to the Notes. (a) Paragraph 10 of each Note is hereby amended by deleting the first sentence of such paragraph and adding the following new sentence as the first sentence of such paragraph: “The Notes are in registered form without interest coupons in denominations of $1,000 and whole multiples of $1,000; provided that Additional Notes issued pursuant to Section 4.03(e) of the Indenture are in denominations of $1.00 and whole multiples of $1.00.”
Amendment to the Notes. The Notes shall be amended and restated in their entirety to extend the maturity date and to provide for an additional extension option, to amend the interest rate thereunder, to terminate the remaining availability thereunder and any revolving features, and to provide for certain covenants of Borrowers, as more fully defined in and pursuant to a Sixth Amended and Restated Promissory Note dated of even date herewith (“Restated Note”). The Restated Note shall not constitute a repayment or satisfaction of the Indebtedness evidenced by the Notes, which for all purposes hereunder shall remain outstanding from December 30, 1997, January 6, 1998, October 31, 2000, May 16, 2003, June 22, 2004, April 20, 2005 and October 24, 2007, respectively.
