Amendments to the Documents Clause Samples

Amendments to the Documents. (a) The parties hereto covenant and agree that the Documents are hereby deemed amended as follows: (i) all references to Subsequently Issued Preferred Shares in the Documents are amended to mean the New Preferred Shares; (ii) all references to Subsequently Issued Warrants in the Documents are amended to mean the New Warrant; (iii) the reference to $675,000 as the amount of the Second Purchase Price in Section 1.B. of the Securities Purchase Agreement is hereby amended and changed to $400,000; (iv) the reference to the definition of the Second Tranche in the Documents as being comprised of the Subsequently Issued Preferred Shares and the Subsequently Issued Warrants is amended and changed to reflect that the Second Tranche is comprised of the New Preferred Shares and the New Warrant. (b) Without limiting the generality of the foregoing, the following sections of the Documents are hereby amended as follows: (i) all references to 675 shares of Subsequently Issued Preferred Shares and 67,500 Subsequently Issued Warrants, respectively, in the first and second "WHEREAS" clauses of the Securities Purchase Agreement are amended to mean ___ shares of the New Preferred Shares and the New Warrant to purchase ___ shares of Common Stock, respectively;

Amendments to the Documents. (a) Without limiting the generality of the foregoing, the following sections of the Documents are hereby amended as follows: (i) the reference in Section 2(b)(iv) of the 1998 Letter Agreement and the reference in Section 2(b) of the 1999 Registration Rights Agreement is amended and changed so that the Company shall file such Registration Statement as required by the 1998 Letter Agreement and 1999 Registration Rights Agreements within 7 business days of the closing of the Second Tranche pursuant to the 1999 Securities Purchase Agreement and shall cause the Securities and Exchange Commission to declare such Registration Statement effective on or prior to July 9, 1999.

Amendments to the Documents. With the consent of the Holders of not less than 66-2/3% in principal amount of the Series 1998-1 Notes Outstanding, by Act of said Holders delivered to the Issuer and the Trustee, the Issuer, the Servicer and the Trustee may enter into an indenture or indentures supplemental hereto or to the Indenture or amendments to the Servicing Agreement, the Receivables Purchase Agreement, the Custodian Agreement or the Sale Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Transaction Documents or of modifying in any manner the rights of the Holders of the Notes of such Series under the Indenture and this Series 1998-1 Supplement, provided, however, that this provision shall in no way affect the requirement in Section 9.02 of the Indenture that all of the affected Holders consent to certain amendments specified in such Section. Notwithstanding the foregoing and anything contained herein to the contrary, the Issuer may amend the Series Contract Schedule attached hereto as Schedule A from time to time with a supplement, substantially in the form of Exhibit B to the Indenture, in accordance with Section 4.03(e) and Section 4.03(g) of the Indenture without the consent of the Holders of the Series 1998-1 Notes.

Amendments to the Documents. The Debtors, the Agents and the DIP Lenders may amend, modify, supplement or waive any provision of the Documents if such amendment, modification, supplement or waiver is permitted under the terms of the Documents and is not material (in the good faith judgment of the Debtors and the Agents), without the need to apply to, or receive further approval from, the Court, PROVIDED, HOWEVER, that the Debtors shall give notice to any Committee and the Office of the United States Trustee of any non-material amendments, waivers, supplements or modifications.