Amendments to Article 3. 3.1 Section 3.1(e) of the Agreement Terms and Conditions is hereby amended by deleting the sentence that reads as follows “In the sole discretion of each Person serving as a Midstream Co under a Midstream Agreement Addendum, such Midstream Co may work with any other Midstream Co to prepare and deliver a System Plan jointly.” and inserting in place thereof the following sentence: “Midstream Co may, in its sole discretion, work with OpCo or any of OpCo’s subsidiaries to prepare and deliver a System Plan jointly with such other entity or entities.”
3.2 Section 3.2 of the Agreement Terms and Conditions is hereby amended by inserting the following new clause (e) immediately following clause (d) of such Section 3.2:
Amendments to Article 3. Article 3 of the Indenture is hereby amended by adding, immediately following Section 3.06 thereof, the following new Sections 3.07 and 3.08:
Amendments to Article 3. Article 3 of the Agreement is hereby amended by
a. in Section 3.1 deleting the phrase [*] from clause (a) thereof.
Amendments to Article 3. Section 3.6.1 is hereby deleted in its entirety and replaced with the following:
3.6.1 Subject to the terms of any Preferred Units then Outstanding, the Partnership may issue additional Partnership Interests (including new classes of Partnership Interests) and options, rights, warrants and appreciation rights relating to such Partnership Interests or class of Partnership Interests for any Partnership purpose (including in connection with any distribution reinvestment plan) at any time and from time to time to such Persons for such consideration and on such terms and conditions as the Managing General Partner shall determine in its sole discretion, all without the approval of any Limited Partners.
Amendments to Article 3. (a) Section 3.2(a) of the Stock Purchase Agreement is amended and restated in its entirety to read as follow and the defined term “Company Equity” previously used therein is deleted:
(a) Not fewer than five (5) Business Days prior to the anticipated Final Closing Date, the Company will deliver to Purchaser a written statement (the “Pre-Final Closing Statement”), together with reasonably detailed supporting information, setting forth the Company’s good faith estimates, calculated in accordance with the Accounting Principles and the terms hereof, in each case without duplication, of the Purchase Price as of the date of the FOCUS report most recently filed by the Company with FINRA and based on the information set forth therein.
(b) Section 3.4(a) is amended and restated to read as follows:
(a) Upon the terms and subject to the conditions set forth in this Agreement, the consummation of the transactions contemplated by Section 3.1 (the “Final Closing”) will take place on the date that is the later of (i) five (5) Business Days after the satisfaction or written waiver (to the extent permitted by applicable Law) of all of the conditions set forth in Article VIII (other than those conditions that by their nature are to be satisfied at the Final Closing, but subject to the satisfaction or waiver (to the extent permitted by applicable Law) of those conditions at such time), and (ii) the date of the closing of the transactions contemplated by the Business Combination Agreement and (iii) such other date or at such other time as the Purchaser and Sellers may agree in writing (the “Final Closing Date”).
(c) Section 3.6 is hereby amended by replacing “Company Equity” with “Purchase Price.”
Amendments to Article 3. 1. 1Section 3.03 (xxvi) is hereby amended by deleting it in its entirety and replacing it with the following: purchasing from the Company at the Purchase Price, on an “as is” basis and without recourse of any kind, any Xxxxxx Xxx Mortgage Loan or, in the discretion of the parties, any Xxxxxx Mae Mortgage Loan or Freddie Mac Mortgage Loan purchased by the Company from a Correspondent pursuant to the related Loan Commitment; and
1. 2Section 3.04 is hereby amended by deleting it in its entirety and replacing it with the following:
Amendments to Article 3. The provisions of Section 3.1 of the ------------------------ Credit Agreement are hereby amended by adding the following new provision immediately at the end of subparagraph (a) thereof: Notwithstanding anything to the contrary herein contained, from and after August 13, 2001, the Average outstanding Revolving Loans and Letter of Credit Obligations during any calendar month shall not exceed 115% of the amounts projected on the Bank Projections;
Amendments to Article 3. Article 3 of the Series 2006-1 Indenture Supplement is hereby amended by:
(a) deleting Section 5A.3(b) thereof in its entirety and inserting the following new Section 5A.3(b) in lieu thereof:
(b) On each Determination Date, the Administrator shall determine (i) the sum of the Senior Monthly Funding Costs and the sum of the Contingent Monthly Funding Costs for each Purchaser Group for the Series 2006-1 Interest Period ending on the next succeeding Payment Date, (ii) the excess, if any (the “Senior Monthly Funding Costs Shortfall”), of (A) the sum of (x) the Senior Monthly Funding Costs for each Purchaser Group for such Series 2006-1 Interest Period and (y) the amount of any unpaid Senior Monthly Funding Costs Shortfall, as of the preceding Payment Date (together with any Additional Interest on such Senior Monthly Funding Costs Shortfall) over (B) the amount which will be available to be distributed to the Series 2006-1 Investor Noteholders on such Payment Date in respect thereof pursuant to Section 5A.4(c)(v) and (iii) the excess, if any (the “Contingent Monthly Funding Costs Shortfall”), of (A) the sum of (x) the Contingent Monthly Funding Costs for each Purchaser Group for such Series 2006-1 Interest Period and (y) the amount of any unpaid Contingent Monthly Funding Costs Shortfall, as of the preceding Payment Date (together with any Additional Interest on such Contingent Monthly Funding Costs Shortfall) over (B) the amount which will be available to be distributed to the Series 2006-1 Investor Noteholders on such Payment Date in respect thereof pursuant to Section 5A.4(c)(xii). If the Senior Monthly Funding Costs Shortfall or the Contingent Monthly Funding Costs Shortfall with respect to any Payment Date is greater than zero, an additional amount (“Additional Interest”) equal to the product of (A) the number of days until such Monthly Funding Costs Shortfall shall be repaid divided by 365 (or 366, as the case may be), (B) the Alternate Base Rate plus 2.0% and (C) such Monthly Funding Costs Shortfall (or the portion thereof which has not been paid to the Series 2006-1 Investor Noteholders) shall be payable as provided herein on each Payment Date following such Payment Date, to but excluding the Payment Date on which such Monthly Funding Costs Shortfall is paid to the Series 2006-1 Investor Noteholders.”
Amendments to Article 3. (a) Pursuant to Section 2.02(7) of the Base Indenture:
(1) the second sentence of Section 3.02 of the Base Indenture is hereby amended with respect to the Notes by replacing the reference to “45 days prior to the redemption date fixed by the Issuer” therein with “five days prior to the date that the notice of an optional redemption is given to Holders”; and
(2) the first sentence of Section 3.04 of the Base Indenture is hereby amended with respect to the Notes by replacing the reference to “30 days” therein with “10 days”.
(b) Pursuant to Sections 2.02(7) and 2.02(8) of the Base Indenture, Article 3 of the Base Indenture is hereby amended with respect to the Notes by adding to the end the following new Sections 3.09, 3.10 and 3.11, in each case to read as follows:
Amendments to Article 3. Article 3 of the A&R Collaboration Agreement is hereby amended as follows:
2.2.1 The title of Article 3 of the A&R Collaboration Agreement is hereby deleted and replaced with the following: “TRANSFER OF INTELLECTUAL PROPERTY AND GRANT OF LICENSES TO NON-TRANSFERRED INTELLECUAL PROPERTY.”
2.2.2 Section 3.1 of the A&R Collaboration Agreement is hereby amended and restated by replacing such Section with the following:
