Common use of Amendments to Article 4 Clause in Contracts

Amendments to Article 4. (a) Section 4.02 of the Indenture is hereby amended by adding the following new sentence as the final sentence of such Section: “Notwithstanding any other provision in this Section 4.02, the Company shall not be required to file (i) its quarterly report on Form 10-Q for the quarter ended December 31, 2005 (the “Third Quarter 10-Q”) prior to June 28, 2006 and (ii) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) prior to July 31, 2006; provided that if the Company is in breach of Section 4.03(e) hereof, clauses (i) and (ii) of this Section 4.02 shall be deemed null and void, and the Company shall be deemed to be in default of its obligations under this Section 4.02 with respect to the Third Quarter 10-Q and, if filed after June 29, 2006, the 2006 10-K, in each case, even if such Third Quarter 10-Q or 2006 10-K have been filed with the SEC.”

Amendments to Article 4. (a) Section 4.02 of the Indenture is hereby amended by deleting the final sentence of such Section and adding the following new sentence as the final sentence of such Section: “Notwithstanding any other provision in this Section 4.02, the Company shall not be required to file (i) its quarterly report on Form 10-Q for the quarter ended December 31, 2005 (the “Third Quarter 2006 10-Q”) prior to June 28Xxxxxx 00, 2006 and 0000, (iixx) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) prior to July 31September 15, 2006 and (iii) its quarterly report on Form 10-Q for the quarter ended June 30, 2006 (the “First Quarter 2007 10-Q”) prior to September 29, 2006; provided that if the Company is in breach of Section 4.03(e) hereof, clauses (i), (ii) and (iiiii) of this Section 4.02 shall be deemed null and void, and the Company shall be deemed to be in default of its obligations under this Section 4.02 with respect to the Third Quarter 2006 10-Q and the 2006 10-K, and, if filed after June 29August 14, 2006, the 2006 First Quarter 2007 10-KQ, in each case, even if such Third Quarter 2006 10-Q or Q, 2006 10-K or First Quarter 2007 10-Q have been filed with the SEC.”