Amendments to Section 3 of the Agreement. (a) ORBIMAGE and Licensee hereby amend Section 3 of the Agreement by deleting Sections 3(a)(ii) and (iii) in their entirety and replacing with the following:
Amendments to Section 3 of the Agreement. (c) of the Agreement is hereby amended and restated to read as follows:
Amendments to Section 3 of the Agreement a. Clause (i) of Section 3(a) of the Agreement hereby is amended by deleting it in its entirety and replacing it with the following:
(i) if such registration is to be an underwritten primary registration on behalf of the Company:
(A) first, the Primary Shares;
(B) second, the Registrable Shares held by FP, Xxxxx and Xxxxxxx (or, if necessary, such Registrable Shares pro rata among the FP entities, Xxxxx and Xxxxxxx holding such Registrable Shares based upon the number of Registrable Shares that are held by the FP entities, Xxxxx and Xxxxxxx and requested to be registered by the FP entities, Xxxxx and Xxxxxxx);
(C) third, the Registrable Shares that are not held by FP, Xxxxx and Xxxxxxx (or, if necessary, such Registrable Shares pro rata among the holders thereof based upon the number of Registrable Shares that are not held by the FP entities, Xxxxx and Xxxxxxx requested to be registered by each such holder); and
(D) fourth, the Other Shares; or
b. Clause (ii) of Section 3(a) hereby is amended by deleting it in its entirety and replacing it with the following:
Amendments to Section 3 of the Agreement. Paragraph 3.B, of the Agreement is deleted in its entirety. Paragraph 3.G. of the Agreement is replaced in its entirety by the following text: “Distributor’s payment terms will be net [***] days. Distributor will make payment, at its option, via wire transfer, check, electronic payment, or ACH.”
Amendments to Section 3 of the Agreement. (a) Section 3.1A of the Agreement is hereby amended by substituting the reference "Section 2.1B" for the reference "Section 2B" appearing in the second line thereof.
(b) Section 3.1F of the Agreement is hereby amended by substituting the amount "Twenty Million Dollars ($20,000, 000)" for the amount "Nine Million Dollars ($9,000,000)" appearing in the third line thereof.
(c) Section 3 of the Agreement is hereby further amended by adding a new Section 3A.1 thereto, which shall read in full as follows:
3A.1 TO EACH EQUIPMENT LOAN. Before Bank is obligated to make any Equipment Loan hereunder, Bank must have received all of the following, each of which must be in form and substance satisfactory to Bank:
Amendments to Section 3 of the Agreement. (a) Section 3A.1 C. of the Agreement is hereby amended by substituting the "Alternative Dispute Resolution Agreement" for the "Arbitration Agreement" appearing therein.
