Common use of Amendments to Transaction Documents Clause in Contracts

Amendments to Transaction Documents. (a) Each Transaction Document (as defined in the Existing Primary Securities Purchase Agreement) is hereby amended as follows: (i) All references in the Existing Primary Securities Purchase Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Amendments. (ii) All references in the other Transaction Documents (as defined in the Existing Primary Securities Purchase Agreement) to the "Securities Purchase Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Amendments. (iii) All references to "Conversion Shares" shall mean, and are hereby replaced with, the "Amended and Restated Conversion Shares (as defined in those certain Amendment Agreements, dated June 25, 2008, by and between the Company and the parties thereto (the "Amendment Agreements")) and the Series B Conversion Shares (as defined in the Amendment Agreements)"; (iv) All references to "Notes" shall mean, and are hereby replaced with, the "Amended and Restated Primary Notes (as defined in the Amendment Agreements) and the Series B Notes (as defined in the Amendment Agreements)";

Amendments to Transaction Documents. (a) Each 3.1 Except as otherwise expressly provided herein, the Original Securities Purchase Agreements and each other Transaction Document is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Closing Date (as defined i) all references in the Existing Primary Original Securities Purchase Agreements to “this Agreement”, “hereto”, “hereof”, “hereunder” or words of like import referring to the Securities Purchase Agreements shall mean the Original Securities Purchase Agreement as amended by this Agreement and (ii) all references in the other Transaction Documents to the “Securities Purchase Agreement) is ”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Securities Purchase Agreement shall mean the applicable Original Securities Purchase Agreement as amended by this Agreement. 3.2 From and after the Closing, each of the Transaction Documents are hereby amended as follows: (i) All references to “Notes” shall be amended to include additionally the applicable Exchanged Notes as defined in the Existing Primary Securities Purchase Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Amendments. (ii) All references in to “Stock Amortization Shares” shall be amended to include additionally the other Transaction Documents (applicable Exchanged Conversion Shares as defined in the Existing Primary Securities Purchase this Agreement) to the "Securities Purchase Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Amendments. (iii) All references to "Conversion Shares" shall mean, and are hereby replaced with, the "Amended and Restated Conversion Shares (as defined in those certain Amendment Agreements, dated June 25, 2008, by and between the Company and the parties thereto (the "Amendment Agreements")) and the Series B Conversion Shares (as defined in the Amendment Agreements)"; (iv) All references to "Notes" shall mean, and are hereby replaced with, the "Amended and Restated Primary Notes (as defined in the Amendment Agreements) and the Series B Notes (as defined in the Amendment Agreements)";

Amendments to Transaction Documents. (a) Each Except as otherwise expressly provided herein, the Amended SPA and each other Transaction Document is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the Closing Date (as defined i) all references in the Existing Primary Amended SPA to “this Agreement”, “hereto”, “hereof”, “hereunder” or words of like import referring to the Amended SPA shall mean the Amended SPA, as amended by this Agreement and (ii) all references in the other Transaction Documents to the “Securities Purchase Agreement”, “Amended Securities Purchase Agreement”, “Amended and Restated Securities Purchase Agreement”, “thereto”, “thereof”, “thereunder” or words of like import referring to the Amended SPA shall mean the Amended SPA, as amended by this Agreement. (b) is Each of the Transaction Documents are hereby amended as follows: (i) All references in the Existing Primary Securities Purchase Agreement to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Amendments. (ii) All references in the other Transaction Documents (as defined in the Existing Primary “Securities Purchase Agreement) to the "”, “Amended Securities Purchase Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Existing Primary ” and “Amended and Restated Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Amendments. (iii) All references to "Conversion Shares" Agreement” shall mean, and are hereby replaced with, the "by “Amended and Restated Conversion Shares (Securities Purchase Agreement, as defined in amended by those certain Amendment AgreementsSupplemental Agreements dated as of September 28, dated June 25, 2008, 2011 by and between the Company and each of the parties investors listed on the signature pages thereto (collectively, the "Amendment Agreements"“Supplemental Agreement”)”. (ii) The defined term “Series A Warrants” is hereby amended to include additionally the “Amended and Restated Series A Warrants (as defined in the Supplemental Agreement)”. (iii) The defined term “Series B Conversion Warrants” is hereby amended to include additionally the “Amended and Restated Series B Warrants (as defined in the Supplemental Agreement)”. (iv) The defined term “Series A Warrant Shares” is hereby amended to include additionally the “Amended and Restated Series A Warrant Shares (as defined in the Amendment AgreementsSupplemental Agreement)";”. (ivv) All references The defined term “Series B Warrant Shares” is hereby amended to "Notes" shall mean, and are hereby replaced with, include additionally the "“Amended and Restated Primary Notes Series B Warrant Shares (as defined in the Amendment AgreementsSupplemental Agreement)”. (vi) The defined term “Warrants” is hereby amended to include additionally the “Amended and the Series B Notes Restated Warrants (as defined in the Amendment AgreementsSupplemental Agreement)";”. (vii) The defined term “Warrant Shares” is hereby amended to include additionally the “Amended and Restated Warrant Shares (as defined in the Supplemental Agreement)”. (viii) The defined term “Transaction Documents” is hereby amended to include additionally this Agreement, the Amended and Restated Series A Warrants and the Amended and Restated Series B Warrants. (ix) The defined term “Securities” is hereby amended to include additionally, the Amended and Restated Series A Warrants, the Amended and Restated Series A Warrant Shares, the Amended and Restated Series B Warrants and the Amended and Restated Series B Warrant Shares.

Amendments to Transaction Documents. (a) Each Transaction Document (as defined in the Existing Primary Securities Purchase Amendment and Exchange Agreement) is hereby amended as follows: (i) All references in the Existing Primary Securities Purchase Agreement (as defined in the Existing Amendment and Exchange Agreement) to "this Agreement", "hereto", "hereof", "hereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Existing Amendment and Exchange Agreements and the Amendments. (ii) All references in the other Transaction Documents (as defined in the Existing Primary Securities Purchase Agreement) to the "Securities Purchase Agreement", "thereto", "thereof", "thereunder" or words of like import referring to the Existing Primary Securities Purchase Agreement shall mean the Existing Primary Securities Purchase Agreement as amended by the Existing Amendment and Exchange Agreements and the Amendments. (iii) All references to "Conversion Shares" shall mean, and are hereby replaced with, the amended and restated to mean "Amended and Restated Conversion Shares (as defined in those certain Amendment Agreements, dated June 25, 2008, by and between the Company and the parties thereto (the "Amendment Agreements")) and ), the Series B Conversion Shares (as defined in the Amendment Agreements), and the December Amendment Conversion Shares (as defined in that certain Amendment and Exchange Agreement, dated December 12, 2008, by and between the Company and Castlerigg PNG Investments LLC (the "December Amendment Agreement")); (iv) All references to "Notes" shall mean, and are hereby replaced with, the amended and restated to mean "Amended and Restated Primary Notes (as defined in the Amendment Agreements) and ), the Series B Notes (as defined in the Amendment Agreements) and the December Amendment Notes (as defined in the December Amendment Agreement)"; (v) The defined term "Transaction Documents" is hereby amended to include the December Amendment Agreement, the Reaffirmation Agreement and the December Amendment Notes.