Review of Amendment. The Investor has carefully read this Amendment and the Exhibits hereto, as applicable to such Investor, and understands how the terms of the Notes and 2015 Warrants will be affected by the amendments described herein.
Review of Amendment. The parties acknowledge that each has had an opportunity to review and negotiate this Amendment and has executed this Amendment only after such review and negotiation. The parties further agree that this Amendment shall be deemed to have been drafted by both Licensor and Licensee and the terms and conditions contained herein shall not be construed any more strictly against one party or the other. This Amendment is entered without prejudice to any positions which either Party has taken, or may take in the future, before any legislative, regulatory, judicial or other governmental body. The Parties agree that all of the other provisions of the Interconnection Agreement dated March 12, 1997, including any amendments thereto, shall remain in full force and effect.
Review of Amendment. The Investor has carefully read Exhibit C hereto and understands how the terms of the Initial Notes will be affected by the amendments described herein. Investor understands that that automatically upon the Trigger Date: (i) interest will accrue on the outstanding principal of the Initial Notes at the rate of 5% per annum instead of at the current rate of 10% per annum; (ii) the Initial Notes will cease to be convertible into the Company’s common stock or any other security of the Company; (iii) all interest that accrues on the Initial Notes after the Trigger Date will be payable in cash and (iv) no Investor will have the option of receiving Company securities as payment for accrued interest on the Initial Notes.
Review of Amendment. The Department shall review the Amendment and make the same determinations described in Section VI.D.3., above, while also considering the information required in Section VI.D.4.a, above. The completeness and review periods described in Sections VI.D.1 and VI.D.2 above shall be doubled for Amendments (i.e., be 10 and 60 days). The Department shall either:
(1) deem the project mitigation measures adequate and consistent with the Project Approval documents; (2) condition the consistency determination with additional mitigation measures; or (3) require additional CEQA evaluation and, as appropriate, make a determination of consistency, including any additional mitigation measures required by the additional CEQA evaluation. If additional CEQA evaluation is required pursuant to Section VI.D.4.b, the review period for the Amendment shall be extended to incorporate any public review that may be required under CEQA. If the Amendment is denied, the Department shall provide specific reasons for the denial. Upon denial, nothing precludes Newhall or Operator from notifying the Department of the activity in accordance with the provisions of Fish and Game Code section 1600 et seq. and pursuing a separate Lake or Streambed Alteration Agreement for such activity.
