Deletion of Provisions. The Indenture is hereby amended to delete the following sections in their entirety, and, in the case of each such section, insert in lieu thereof the phrase “[Intentionally Omitted]” and any and all references thereto (including any definitions the references to which would be eliminated as a result of such deletions), and any and all obligations thereunder, and references to any events of default related thereto are hereby deleted throughout the Indenture and such sections and references shall be of no further force or effect.
(a) Section 3.2 entitled “Reports and Other Information.”
(b) Section 3.3 entitled “Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock and Preferred Stock.”
(c) Section 3.4 entitled “Limitation on Restricted Payments.”
(d) Section 3.5 entitled “Liens.”
(e) Section 3.6 entitled “Dividend and Other Payment Restrictions Affecting Subsidiaries.”
(f) Section 3.7 entitled “Asset Sales.”
(g) Section 3.8 entitled “Transactions with Affiliates.”
(h) Section 3.9 entitled “Change of Control.”
(i) Section 3.10 entitled “Maintenance of Insurance.”
(j) Section 3.11 entitled “Additional Guarantors.”
(k) Section 3.12 entitled “Compliance Certificate; Statement by Officers as to Default.”
(l) Section 3.13 entitled “Designation of Restricted and Unrestricted Subsidiaries.”
(m) Section 3.15 entitled “Stay, Extension and Usury Laws.”
(n) Clauses (c), (d), (e), (f), (g) and (h) of Section 6.1 entitled “Events of Default.”
(o) Article IV entitled “Merger; Consolidation or Sale of All or Substantially All Assets.”
Deletion of Provisions. At the election of Landlord, any one or more of the provisions of the New Lease pertaining to the REIT status of any member of Landlord (or any Affiliate of any member of Landlord) shall be deleted. In addition, Landlord may delete and eliminate from such New Lease such provisions herein as it elects, provided such deletion and elimination do not in any material respect affect any of the obligations, liabilities, rights or remedies of Tenant under such New Lease with respect to the affected Removal Property.
Deletion of Provisions. RELATING TO THE LEVEL OF GENERAL FUNDS. If the Loan Contract contains provisions in section 2.8, or elsewhere, relating to the level of the Borrower's general funds, such provisions are deleted.
Deletion of Provisions. At the election of Landlord, any one or more of the provisions of the New Lease pertaining to the REIT status of Ventas, Inc. shall be deleted. In addition, Landlord may delete and eliminate from such New Lease such provisions herein as it elects, provided such deletion and elimination do not materially and adversely affect the Tenant under such New Lease.
Deletion of Provisions. The Parties agree that the benefits set forth in Section 2.1.2, Section 2.1.3, and 2.1.4 of this Amendment set forth the exclusive benefits Executive may be eligible to receive during the remainder of and after the Employment Term, and entirely supersede and replace the benefits set forth in the following provisions of the Employment Agreement (which shall be deleted in their entirety): Section 2.2.2 (“Incentive Bonus”), Section 3.2 (“Termination By Death”) Section 3.3 (“Termination Upon Permanent Disability”), Section 3.4 (“Termination By Executive”), Section 3.5 (“Termination By the Company for Cause”), Section 3.6 (“Compensation and Benefits Upon Termination”), Section 3.7 (“Compensation Payable in the Event of a Change in Control”), Section 3.8 (“Definition of Good Reason”) and Section 4 (“Business Expenses”).
Deletion of Provisions. The Paragraph (e) in Section 1 of the Agreement is deleted in its entirety and replaced with the following:
Deletion of Provisions. At the election of Landlord, Section 25.20 of the Severed Lease pertaining to the REIT status of NCT shall be deleted.
Deletion of Provisions. The Original Agreement is hereby amended by deleting the following Sections thereof: Section 3.02, Sections 4.02(f) and (g) and Sections 4.10(a), (c), (d), (e), (f), (g) and (i).
Deletion of Provisions. Sections 16.02, 16.03, 16.07 of ---------------------- Addendum I to the Original Lease and 16.13 to the First Amendment are hereby deleted in their entirety.
Deletion of Provisions. Sections 3.9 (User Traffic Guarantee), 3.10 (Pre-eminent Auction Services Partner), 5.5 (Minimum Guaranteed Revenue) and 5.6 (Shortfall Payment) of the Auction Services Agreement are hereby deleted in their entirety.
