MODIFICATION OF SECTION. 5.10, NOTICE AND APPEAL
MODIFICATION OF SECTION. 8.5, MEMBER COMPLAINTS
MODIFICATION OF SECTION. 3. The date, December 31, 2005, in Section 3 of Addendum #5 shall be amended to February 6, 2006.
MODIFICATION OF SECTION. 8.4. --------------------------- The following language shall be added to the end of the second sentence of Section 8.4 of the Agreement: "except a holder who shall have acquired such Conversion Shares pursuant to a registration statement under the Securities Act of 1933, as amended, pursuant to Rule 144 promulgated under the Securities Act, or on a national securities exchange or the National Association of Securities Dealers Automated Quotation System or similar organization."
MODIFICATION OF SECTION. 5.6, HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) Sections 5.6.1 through 5.6.3 are replaced with the following language:
5.6.1 In accordance with Texas Government Code Chapter 2161 and 1 TAC ss.111.11 et seq. and ss.392.100 state agencies are required to make a good faith effort to assist Historically Underutilized Businesses (HUBs) in receiving contract awards issued by the State. The goal of this program is to promote full and equal business opportunity for all businesses in contracting with the state. It is HHSC's intent that all contractors make a good faith effort to subcontract with HUBs during the performance of their contracts.
MODIFICATION OF SECTION. 9.9. Section 9.9 of the Credit Agreement is hereby amended to read in its entirety as follows:
MODIFICATION OF SECTION. 5.4.2. Section 5.4.2 of the Restated Merger Agreement is hereby amended and restated as follows:
MODIFICATION OF SECTION. 2.1 of the Loan Agreement to Provide for Conversion of the Formula Based Line of Credit to a Non-Formula Based Line of Credit. Section 2.1 of the Loan Agreement is hereby modified by deleting it in its entirety and substituting the following provision: "Notwithstanding any prior agreement to the contrary, upon the request of Borrower, made at any time and from time to time during the term hereof, and so long as no Event of Default has occurred, and irrespective of any Borrowing Base defined herein, Bank shall lend to Borrower an amount not to exceed the principal sum of Three Million Dollars ($3,000,000) at any one time, with any amount in 'excess thereof being referred to hereinafter as an 'Overadvance')."
MODIFICATION OF SECTION. 12.6, MEMBER COMPLAINTS Section 12.6 is replaced with the following language:
MODIFICATION OF SECTION. 8.4(a) of the Credit Agreement. Section ------------------------------------------------------ 8.4
(a) of the Credit Agreement is hereby amended and restated in its entirety, as follows:
(a) Borrower shall not issue or agree to issue any of its respective authorized but not outstanding shares of Stock (including treasury shares) except for additional shares that may be issued to BWEH in exchange for additional equity investment in Borrower.
