Common use of MODIFICATION OF NOTE Clause in Contracts

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31, 2010 to March 31, 2012. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31February 1, 2010 2007 to March 31February 1, 20122008. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended as follows: The by extending the date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March July 31, 2010 2023 to March July 31, 20122024. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31July 12, 2010 2007 to March 31July 12, 20122008. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision provisions in the Note captioned "“Due”, “Promise to Pay" is ” and “Principal Payments” are hereby amended as follows: The by deleting the date on which of June 29, 2006 contained therein and replacing it with the entire balance date of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31June 29, 2010 to March 31, 20122007. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision provisions in the Note captioned "“Due”, “Promise to Pay" is ” and “Principal Payments” are hereby amended as follows: The by deleting the date on which of September 30, 2007 contained therein and replacing it with the entire balance date of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March October 31, 2010 to March 31, 20122010. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March May 31, 2010 2011 to March May 31, 2012. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the The provision in the Note captioned "Promise to Pay" is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31June 30, 2010 2015 to March 31September 30, 20122015. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31February 1, 2010 2008 to March 31February 1, 20122009. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision provisions in the Note captioned "“Due” and “Promise to Pay" is ” are hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31July 9, 2010 2007 to March 31July 9, 20122008. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank., 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision provisions in the Note captioned "“Due”, “Promise to Pay" is ”, and “Principal Payments” are hereby amended as follows: The by deleting the date on which of “June 29, 2007” contained therein and replacing it with the entire balance date of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31“June 30, 2010 to March 31, 20122008”. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March July 31, 2010 to March October 31, 20122010. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the The provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March May 31, 2010 2014 to March May 31, 20122015. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder hereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, Date the provision in the Note captioned "Promise to Pay" is hereby amended as follows: : 3.2 The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed changed 3.3 from March May 31, 2010 2015 to March May 31, 20122016. 3.2 3.4 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the the 3.5 Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower Borrower 3.6 herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used used 3.7 in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit credit 3.8 agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or or 3.9 any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.to

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The by extending the date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March July 31, 2010 2024 to March October 31, 20122024. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March July 31, 2010 2014 to March July 31, 20122015. 3.2 From and after the Effective Date, the provision in the Note captioned “Principal Payments.” is hereby amended to read as follows: Principal Payments. All outstanding principal and interest is due and payable in full on July 31, 2015, which is defined herein as the “Principal Payment Date”. 3.3 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 3.4 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31December 15, 2010 2005 to March 31December 15, 20122006. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31June 15, 2010 2011 to March 31December 15, 20122011. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended modified as follows: : 3.1 The date on term Stated Maturity Date, which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31, 2010 to March currently reads "July 31, 2012", is amended and restated to read "July 31, 2013". 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, Date the provision in the Note captioned "“Promise to Pay" ” is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March May 31, 2010 to March May 31, 20122011. 3.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreement.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" Pay is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31December 15, 2010 2003 to March 31December 15, 20122004. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents herein is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "Related Documents" shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.

MODIFICATION OF NOTE. 3.1 2.1 From and after the Effective Date, the provision provisions in the Note captioned "“Due”, “Promise to Pay" is ”, and “Principal Payments” are hereby amended as follows: The by deleting the date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March “October 31, 2010 to March 312010” contained therein and replacing it with the date of “September 30, 2012”. 3.2 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the "“Related Documents" ” shall include the Note and all applications for letters of credit, loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 3.3 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified by this agreementherein.