Section12. 13. The final sentence of Section 12.13of the Purchase Agreement shall be amended and restated as follows: “The Purchaser Parties will be responsible for all Property Transfer Costs (including notary fees associated with the Transactions) and the Seller Parties will have no responsibility for obtaining or paying for any Surveys, Title Commitments or Property Transfer Costs, except that the Seller Parties shall be responsible for forty percent (40%) of notary fees associated with the Transfers of French-situated Equity Entities or Properties otherwise to be borne by the Purchaser Parties under this Section 12.13. Any notary fees which are the responsibility of the Seller Parties pursuant to this Section 12.13shall be paid to the relevant notary as described in 5.5(c) above. For purposes of clarification, Transfer Taxes do not constitute Property Transfer Costs and are governed by Section 5.5 of this Agreement.”
Section12. 5. Provisions Solely to Define Relative Rights...........64
Section12. 7. No Waiver of Subordination Provisions.................65 SECTION12.8. Notice to Trustee.....................................65
Section12. 9. Reliance on Judicial Order or Certificate of Liquidating Agent................................66 SECTION12.10. Trustee Not Fiduciary for Holders of Senior Debt......66
Section12. 11. Rights of Trustee as Holder of Senior Debt; Preservation of Trustee's Rights....................66 SECTION12.12. Article Applicable to Paying Agents...................67 || JUNIOR SUBORDINATED INDENTURE, dated as of July 12, 2000, between BNCCORP, INC., a Delaware corporation (the "Company"), and FIRST UNION NATIONAL BANK, a national banking association, as Trustee (in such capacity, the "Trustee"). RECITALS OF THE COMPANY
Section12. 4 shall be applied to provide premium pay in the event at least ten (10) hours off duty between shifts is not available.
