of the Note. Section 3(b) of the Note is hereby amended by deleting all of the language contained in such section and the caption is hereby amended to omit the words "Limited Recourse".
of the Note. The determination of when such common stock may be issued shall be made by each Subscriber as to only such Subscriber.
of the Note. In order to permit the Buyer to exercise its rights of first refusal, prior to selling any such securities to any Person other than the Buyer, the Company shall give notice to the Buyer of the detailed terms of the proposed offering and terms of the securities proposed to be issued and, promptly after being requested by the Buyer, such other information as requested by the Buyer. The Buyer may, by notice to the Company, exercise such right of first refusal at any time until the later of (x) ten Business Days after such notice from the Company to the Buyer and (y) five Business Days after the Company provides such additional information as shall have been requested by the Buyer. The Buyer shall be entitled to purchase all or any portion of such offering specified by the Buyer at the time it notifies the Company of the Buyer's exercise of its right of first refusal.
of the Note. The Note Parties’ failure to timely give notice of each of the above-referenced Defaults and Events of Default in accordance with Section 12.2.1 of the Note, resulting in additional Event(s) of Default under Section 15.5 of the Note.
of the Note. 1 The Subordination Agreement shall provide that the Senior Creditor may file a proof of claim on behalf of the Holder if the Holder does not file a proof of claim within 30 days of the bar date.
of the Note of the Note is deleted in its entirety and replaced with the following:
of the Note. This Guaranty shall apply to and inure to the benefit of Holder and its permitted successors and assigns. Without limiting the generality of the immediately preceding sentence, Holder may assign any Guaranteed Obligation held by such Holder or any portion thereof, and Holder may assign such Holder’s rights or any portion thereof under this Guaranty, in each case, in connection with an assignment of the Guaranty to an Affiliate of Holder, but only to the extent the Holder complies with Section 2.4 of the Note, and such Affiliate of Holder shall thereupon become entitled to all of the benefits in respect thereof granted to such Holder hereunder.
of the Note. If Grantor undertakes to restore or repair the Property after the occurrence of a casualty or partial taking of the Property as provided above, Grantor shall promptly and diligently, at Grantor’s sole cost and expense and regardless of whether the insurance proceeds or condemnation award, as appropriate, shall be sufficient for the purpose, restore, repair, replace and rebuild the Property as nearly as possible to its value, condition and character immediately prior to such casualty or partial taking in accordance with the foregoing provisions and Grantor shall pay to Beneficiary all reasonable costs and expenses of Beneficiary incurred in administering said rebuilding, restoration or repair, provided that Beneficiary makes such proceeds or award available for such purpose. Grantor agrees to execute and deliver from time to time such further instruments as may be requested by Beneficiary to confirm the foregoing assignment to Beneficiary of any award, damage, insurance proceeds, payment or other compensation. Grantor hereby irrevocably constitutes and appoints Beneficiary as the attorney-in-fact of Grantor (which power of attorney shall be irrevocable so long as any indebtedness secured hereby is outstanding, shall be deemed coupled with an interest, shall survive the voluntary or involuntary dissolution of Grantor and shall not be affected by any disability or incapacity suffered by Grantor subsequent to the date hereof), with full power of substitution, subject to the terms of this Section, to settle for, collect and receive any such awards, damages, insurance proceeds, payments or other compensation from the parties or authorities making the same, to appear in and prosecute any proceedings therefor and to give receipts and acquittance therefor.
of the Note of the Note is hereby ----------------------- ----------- amended as of the date hereof by deleting the first sentence thereof and substituting the following therefor:
of the Note. The definition of "Subsidiary" in Section 5 of the Note is hereby amended as of the date hereof by deleting the percentage "eighty percent (80%)" appearing therein and substituting the percentage "fifty percent (50%)" therefor.
