Common use of MODIFICATION OF NOTE Clause in Contracts

MODIFICATION OF NOTE. From and after the Effective Date, the Note is hereby modified as follows: 3.1 The term State Maturity Date, which currently reads “May 31, 2012”, is amended and restated to read “May 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. 2.1 From and after the Effective Date, a portion of the first sentence of the first paragraph in the Note is hereby modified amended to read as follows: 3.1 The term State : FOR VALUE RECEIVED, on or before July 10, 2008 ("Maturity Date, which currently reads “May 31, 2012”, is amended and restated to read “May 31, 2013”."), 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. 2.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby modified as follows: 3.1 The term State Maturity Datechanged from December 15, which currently reads “May 312004 to December 15, 2012”, is amended and restated to read “May 31, 2013”2005. 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. From and after the Effective Date, the Note is hereby modified as follows: 3.1 The term State Stated Maturity Date, which currently reads “May July 31, 20122013”, is amended and restated to read “May July 31, 20132014”. 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. 2.1 From and after the Effective Date, the provisions in the Note is captioned “Due” and “Promise to Pay” are hereby modified as follows: 3.1 The term State Maturity Dateamended by deleting the date “July 9, which currently reads 2006” contained therein and replacing it with “May 31July 9, 2012”, is amended and restated to read “May 31, 20132007”. 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. 2.1 From and after the Effective Date, the provisions in the Note is captioned “Due” and “Promise to Pay” are hereby modified as follows: 3.1 The term State Maturity Dateamended by deleting the date “July 9, which currently reads 2005” contained therein and replacing it with “May 31July 9, 2012”, is amended and restated to read “May 31, 20132006”. 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. From and after the Effective Date, the Note is hereby modified as follows: 3.1 The term State Stated Maturity Date, which currently reads “May "July 31, 2012”2010", is and all references to the stated maturity date of "July 31, 2010" are amended and restated to read “May 31"August 01, 2013”2011". 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. From and after the Effective Date, 3.1 The provision in the Note captioned “Promise to Pay” is hereby modified amended as follows: 3.1 : The term State Maturity Date, date on which currently reads “the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from May 31, 2012”, is amended and restated 2012 to read “May 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, the provision in the Note is captioned “Promise to Pay” and “Principal Payments” are hereby modified as follows: 3.1 The term State Maturity Date, which currently reads “May amended by deleting the date” January 31, 2012”, is amended 2010” contained therein and restated to read “May replacing it with July 31, 2013”2010. 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. 2.1 From and after the Effective Date, the provision in the Note captioned “Promise to Pay” is hereby modified amended as follows: 3.1 : The term State Maturity Datedate on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from September 30, which currently reads “May 2005 to January 31, 2012”, is amended and restated to read “May 31, 2013”2006. 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. 2.1 From and after the Effective Date, a portion of the Note is hereby modified as follows: 3.1 The term State first sentence now reading: "FOR VALUE RECEIVED, on or before August 20, 2004 ("Maturity Date")" is replaced with the following: FOR VALUE RECEIVED, which currently reads “May 31on or before August 20, 2012”, is amended and restated to read “May 31, 2013”.2009 ("Maturity Date") 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.