Modification of Section 2. 7. Section 2.7 of the Agreement is hereby amended and restated in its entirety as follows:
Modification of Section 2. 1(a) of the Credit Agreement. ------------------------------------------------------ Section 2.1(a) of the Credit Agreement is hereby amended and restated in its entirety, as follows:
Modification of Section 2. 2. Section 2.2 of the Agreement is hereby amended and restated in its entirety as follows: Estimated Purchases: INO-T will provide ALHAC at the beginning of each month with a rolling [**] month forecast of its requirements for the Products, such forecast to be considered good faith estimates only, for planning purposes, and not to be considered as guarantees of the volumes or timing of such requirements; provided that the first [**] months of such rolling forecast shall constitute a firm commitment unless modified by the Parties by subsequent written agreement. For the period October 1, 2008 through September 30, 2009, INO-T agrees to purchase not less than [**] cylinders of Products (hereinafter the “Total Cylinders”) and [**] Kits with equivalent quarterly volumes. Total Cylinders and Kits will include Product sold to Datex-Ohmeda and AGA France. On a quarterly basis, INO-T agrees to a true-up mechanism to account for Total Cylinders and Kits not purchased. For the first [**] of the twelve (12) month period, INO-T will agree to purchase the quarterly commitment of [**] Total Cylinders and [**] Kits. For the [**], INO-T can choose to accept either the balance of Total Cylinders and Kits, or pay the remaining balance. Annual volume for subsequent years will be reviewed and agreed upon no later than [**] days prior to the start of the next annual period.
Modification of Section 2. 03. Upon issuance of the Additional Class A(2022-3) Notes, Section 2.03 of the Terms Document shall be amended and restated in its entirety as set forth below:
Modification of Section 2. 1.1 sECTION 2.1.1 of the Loan Agreement is hereby in its entirety to read as follows:
Modification of Section 2. 1.1. Section 2.1.1 of the Loan Agreement is hereby deleted in its entirety and replaced with the following:
Modification of Section 2. 5(g). As of the Closing Date, the reference to Section 2.4 contained in Section 2.5(g) shall be deleted and reference to the Promissory Note as being in favor of OTC shall now refer to the Promissory Note as being in favor of Purchaser.
Modification of Section 2. 09(b). As of the Fourth Amendment Effective Date, the first sentence of the second paragraph of Section 2.09(b) of the Existing Credit Agreement shall be and is hereby restated in its entirety as follows: "The Nonusage Fee shall be calculated as the product of (i) the applicable Nonusage Percentage multiplied by (ii) the daily average of the Maximum Permitted Balance (without regard to any Availability Limit) less the daily average of the Funded Outstandings during such Fiscal Quarter, computed on the basis of a three hundred sixty (360) day year based on the number of actual days elapsed."
Modification of Section 2. 1. Section 2.1 of the Agreement is hereby deleted and replaced with the following Section 2.1:
Modification of Section 2. 10.2 The first sentence of Section ------------------------------ 2.10.2 of the Consolidation Agreement is deleted in its entirety and the following is substituted in lieu thereof: Promptly upon the expiration or earlier termination of the lease noted in Memorandum of Lease from Xxxx X. Xxxxxx and Xxxxx X. Xxxxxxx to 000 Xxxxx Xxxxxx Corp., dated May 6, 1959, recorded in the Register's Office in Liber 5076 at page 302, in respect of the land and buildings (the "Existing Buildings") located on the parcel of land more particularly described in Schedule D hereto (the "Corner Parcel"), Mortgagor will at its own expense commence and promptly and diligently prosecute to completion, demolition of the Existing Buildings and will thereafter construct, develop and complete on such Corner Parcel, a new structure (the "Building Addition"), all as provided in and in accordance with the terms of the Declaration, dated January 7, 1981, made by Kenvic Associates, Xxxxxx X. Xxxxxxx, Xxxxxx X. Xxxxxx and Xxxxxxx Xxxxxxxxx, recorded in the Register's Office in Reel 556 at page 541 and in Reel 556 at page 1281, as modified by Modification of Declaration, dated as of June 14, 1982, between Kenvic Associates and 875 Third Associates, recorded in the Register's Office in Reel 653 at page 1315, as further modified by Second Modification to Declaration, dated as of December 7, 1983, between Kenvic Associates and 875 Third Associates, recorded in the Register's Office in Reel 745 at page 533 and as further modified by Third Modification to Declaration, dated as of May 30, 1990, by Kenvic Associates, to be recorded in the Register's Office immediately prior to the recordation of the Modification Agreement (the "Modification Agreement"), dated as of May 30, 1990, between Mortgagor and Mortgagee, as such Declaration may be further amended from time to time subsequent to the date of the Modification Agreement with the consent of the City of New York and Mortgagee, which consent will not be unreasonably withheld by Mortgagee (said Declaration, as amended and hereinafter amended from time to time in accordance with the terms hereof, is herein referred to as the "Special Permit Declaration").
