Conforming Change. Section 301. Section 10.01(a) of the Indenture is hereby amended and restated to read as follows:
Conforming Change. Section 7(A) ("Termination of Employment--Executive Plans") of the Agreement is hereby amended by: (i) deleting the terms "June 30, 2006" appearing in said Section 7(A), and (ii) inserting, in lieu thereof, the terms "June 30, 2008."
Conforming Change. The second parenthetical clause in the first sentence of Section 6.1, i.e., the parenthetical clause starting with “for the avoidance” and ending with “the Company”, is hereby deleted.
Conforming Change. Because the Collateral does not include the Silicon Equipment, the following clause is hereby deleted from the definition of Permitted Liens in Section 8 of the Loan Agreement: "(vi-l) security interests in favor of Silicon Valley Bank, MMC/GATX Partnership No. 1, and Meiex Xxxxxxxx & Xompany in specific Equipment (the `SVB Liens')." As herein expressly modified the Loan Agreement shall continue in full force and effect and the same is hereby ratified and confirmed. This Letter Agreement and the other written agreements and documents between us set forth in full all of the representations and agreements of the parties with respect to the subject matter hereof and supersede all prior discussions, oral representations, oral agreements and oral understandings between the parties with respect to the subject matter hereof. This Letter Agreement may not be modified or amended, nor may any rights hereunder be waived, except in a writing signed by the parties hereto. Sincerely yours, VIXEL CORPORATION By /s/ Stepxxx X. Xxxxx ------------------------------------- Title VP Finance ---------------------------------- Accepted and agreed: GREYROCK BUSINESS CREDIT, a Division of NationsCredit Commercial Corporation By /s/ Lisa Xxxxxx ------------------------------------ Title V.P. ---------------------------------- CERTIFIED RESOLUTION AND INCUMBENCY CERTIFICATE BORROWER: VIXEL CORPORATION, A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF DELAWARE DATE: NOVEMBER 26, 1997 I, the undersigned, Secretary or Assistant Secretary of the above-named borrower, a corporation organized under the laws of the state set forth above, do hereby certify that the following is a full, true and correct copy of resolutions duly and regularly adopted by the Board of Directors of said corporation as required by law, and by the by-laws of said corporation, and that said resolutions are still in full force and effect and have not been in any way modified, repealed, rescinded, amended or revoked. RESOLVED, that this corporation borrow from GREYROCK BUSINESS CREDIT, a Division of NationsCredit Commercial Corporation ("GBC"), from time to time, such sum or sums of money as, in the judgment of the officer or officers hereinafter authorized hereby, this corporation may require. RESOLVED FURTHER, that any officer of this corporation be, and he or she is hereby authorized, directed and empowered, in the name of this corporation, to execute and deliver to GBC, and GBC is requested to accept, the ...
Conforming Change. The legal description of the Museum Parcel attached to the First Amendment to DDA as Exhibit “A-1” and the legal description of the Garage Airspace Parcel attached to the DDA Second Amendment as Schedule 1 are hereby replaced with the legal descriptions attached to this Amendment as Schedule 8 and Schedule 9, respectively. The foregoing is to reflect a minor adjustment in the upper elevation of the Garage Airspace Parcel.
