Common use of Amendments to Subsection 3 Clause in Contracts

Amendments to Subsection 3. 02. Subsection 3.02 of the Existing LC Facility is hereby amended as follows: (i) Subsection 3.02(c) of the Existing LC Facility is hereby amended as follows: (A) By deleting the word “taxes” as used in the phrase “any taxes of any kind” in the first sentence thereof and substituting in lieu thereof the word “Taxes”; (B) By deleting the word “taxes” as used in the phrase “reimburse the LC Issuer for such Taxes or Other Taxes or taxes” in the third sentence thereof and substituting in lieu thereof the word “Taxes”; (C) By deleting the phrase “penalties or interest accrued or incurred after such 10 Business Day period until such time as it receives the notice” in the third sentence thereof and substituting in lieu thereof the phrase “penalties or interest accrued or incurred from the commencement of such 10 Business Day period until 10 Business Days after it receives the notice”; and (D) By deleting the phrase “after which time it shall be liable for interest and penalties accrued or incurred prior to or during such 10 Business Day period and accrued or incurred after such receipt” in the third sentence thereof and substituting in lieu thereof the phrase “after which time it shall be liable for interest and penalties accrued or incurred prior to such 10 Business Day period and accrued or incurred beginning 10 Business Days after such receipt”. (ii) Subsection 3.02(e) of the Existing LC Facility is hereby amended by deleting such subsection in its entirety and substituting in lieu thereof the following: (e) For any period with respect to which the LC Issuer has failed to provide the Company or any LC Subsidiary with the appropriate form described in Section 3.02(d) hereof (other than if such failure is due to a change in law occurring subsequent to the date on which a form originally was required to be provided, or if such form otherwise is not required under the first two sentences of subsection (d) above), the LC Issuer shall not be entitled to indemnification, and for purposes of clarification, neither the Company nor any LC Subsidiary shall be required to increase any amounts payable to the LC Issuer under Sections 3.02(a) or 3.02(c) hereof with respect to Taxes or Other Taxes imposed by any jurisdiction (including, without limitation, the United States); provided, however, that should the LC Issuer become subject to Taxes or Other Taxes because of its failure to deliver a form required hereunder, the Company shall take such steps as the LC Issuer shall reasonably request to assist the LC Issuer to recover such Taxes or Other Taxes. (iii) Subsection 3.02(f) of the Existing LC Facility is hereby amended (A) by deleting “(i)” therein and (B) by deleting the phrase “or (ii) such selection would be inadvisable for regulatory reasons or inconsistent with the interests of the LC Issuer” in its entirety.