AMENDMENTS TO SCHEDULE 5. Table 2.1 of Schedule 5 of the Contract shall be deleted in its entirety and replaced by the version of Table 2.1 which is contained in Appendix A to this Supplemental Agreement.
AMENDMENTS TO SCHEDULE 5. 3.1 Table 2.2 (Additional Passenger Train Slots) shall be deleted and replaced with the version set out as Appendix A to this Supplemental Agreement.
AMENDMENTS TO SCHEDULE 5. 3.1 HF01.1, HF01.2 and HF01.3 entries in Table 2.1 (Passenger Train Slots) shall be deleted and replaced with the version set out as Appendix A to this Supplemental Agreement.
AMENDMENTS TO SCHEDULE 5. 3.1 Table 2.1 (Passenger Train Slots) for Service Group HF04 shall be deleted and replaced with the version set out as Appendix A to this Supplemental Agreement.
AMENDMENTS TO SCHEDULE 5. 3.1 In Table 2.1 of Schedule 5 of the Contract, the entry relating to Service Group EJ02 shall be deleted in its entirety and replaced by the version as set out in Annex A to this Supplemental Agreement
3.2 Table 2.2 Additional Passenger Train Slots of Schedule 5 shall be deleted in its entirety and replaced by the words ‘Not Used’ as set out in Annex B to this Supplemental Agreement
AMENDMENTS TO SCHEDULE 5. 2.7.1. Section 1 of Schedule 5 of the Project Agreement is amended by deleting it in its entirety and replacing it with the following:
1. The table in this Section 1 sets out the amount (each a “Milestone Payment”) payable by the Enterprises in respect of the achievement of each Payment Milestone and Substantial Completion, subject to the provisions of this Schedule 5. For certainty, the descriptions of the Payment Milestones in the table below are for reference only; the full definitions of each Payment Milestone are set out in Part A of Annex A (Definitions and Abbreviations) to the Project Agreement and the conditions to achievement of each Payment Milestone and Substantial Completion are set out in, respectively, Parts 4 and 5 of Schedule 3 (Commencement and Completion Mechanics). Completion of Milestone 1 $50,000,000 Completion of Milestone 2A $61,800,000 Completion of Milestone 2B $33,200,000 Completion of Milestone 3 $52,000,000 Completion of Milestone 4A $26,000,000 Completion of Milestone 4B $26,000,000 Completion of Milestone 5A $26,700,000 Completion of Milestone 5B $26,700,000 Completion of Milestone 6 $3,000,000 Substantial Completion $13,600,000
AMENDMENTS TO SCHEDULE 5. 3. Clause (o) of Schedule 5.3 to the Credit Agreement is hereby amended and restated in its entirety to read as follows:
AMENDMENTS TO SCHEDULE 5. 3. The ninth and tenth rows (including clauses (n) and (o) thereof) of Schedule 5.3 to the Credit Agreement are hereby amended as follows: On Tuesday of each week (n) a forecast of Parent’s and its Subsidiaries’ consolidated cash flows for its next 13 weeks, together with a detailed reconciliation of the prior week’s forecast to actual performance, on an item-by-item basis that matches the level of detail provided in the prior week’s forecast. On Tuesday of each week (o) a report showing sales (including, without limitation, the gross sales and standard gross margin) by brand (including, without limitation, the healing garden brand) for the prior week and a comparison of actual results to the Borrowers’ forecast delivered pursuant to Item (n) of this Schedule 5.3.
AMENDMENTS TO SCHEDULE 5. 2.
(a) The left hand column in the fourth row of the table in Schedule 5.2 to the Credit Agreement is hereby amended by adding the following at the end thereof: “; provided that (x) with respect to the month ended May 31, 2007, Borrowers shall deliver the required information and documents to Agent on or prior to July 31, 2007, and (y) with respect to the month ended June 30, 2007, Borrowers shall deliver the required information and documents to Agent on or prior to August 10, 2007”.
(b) The left hand column in the fifth row of the table in Schedule 5.2 to the Credit Agreement is hereby amended by adding the following at the end thereof: “; provided that (x) with respect to the month ended May 31, 2007, Borrowers shall deliver the required information and documents to Agent on or prior to August 10, 2007, and (y) with respect to the month ended June 30, 2007, Borrowers shall deliver the required information and documents to Agent on or prior to August 31, 2007”.
AMENDMENTS TO SCHEDULE 5. 3. The time period referenced in the third row of the first column of Schedule 5.3 to the Credit Agreement is hereby amended and restated in its entirety by inserting the following in replacement thereof: “As soon as available, but in any event (i) on or before August 31, 2005 with respect to Parent’s fiscal year ending December 31, 2004 (but solely with respect to the financial statements and Compliance Certificate relating to such fiscal year then ended), and (ii) within 90 days after the end of each of Parent’s fiscal years thereafter.”
