Portions of this exhibit have been deleted and filed separately with the
Securities and Exchange Commission pursuant to a request for confidential
treatment. The redacted portions are identified by brackets with the character
"*" indicating deleted information.
[*] CONFIDENTIAL TREATMENT REQUESTED
EXHIBIT 10.58
C3/C4 SATELLITE TRANSPONDER SALES AGREEMENT
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AMENDMENT NUMBER TWO
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This Amendment, made and entered into this 15th day of December 1989, by
and between GE American Communications, Inc. (GE Americom) and The Christian
Broadcasting Network, Inc. (CBN).
WITNESSETH
WHEREAS, GE Americom and CBN have entered into a C3/C4 Satellite
Transponder Sales Agreement dated July 7, 1989 (the "Agreement"); and
WHEREAS, the parties desire to amend the Agreement in certain respects;
NOW, THEREFORE, in consideration of the foregoing, and for other good and
valuable consideration, the receipt and sufficiency of which is acknowledged by
the parties, the parties, intending to be legally bound, hereby agree to amend
the Agreement as follows:
1. Revise the third sentence of Article 2.D. to read as follows:
From the effective date of this Agreement until (i) as to the C-3
Transponders, the end of thirty days after such notice and (ii) as to
the C-4 Transponders, the end of sixty days after such notice, CBN
shall have an option, on written notice to GE Americom, to purchase a
Fully Protected C-3 Transponder or a Fully Protected C-4 Transponder,
which will result in a total of three (3) Transponders purchased by
CBN hereunder.
2. Add a new Paragraph 5 to Article 24.B. as follows:
5. If C-3 and/or C-4 has not been launched by December 31, 1994,
provided that CBN's right to terminate shall apply only to the
Satellite(s) which have not been so launched.
3. Revise Article 24.C.1 to read as follows:
If before the date of the launch of C-4, the [*] terminates its
agreements for purchase of six transponders on C-4, solely for the
reason that the FCC has not approved 50 state coverage.
4. Except as amended hereby, the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, The parties have executed this Amendment Number Two as
of the day and year herein above first written.
THE CHRISTIAN BROADCAST
NETWORK, INC.
By: /s/ Xxx Xxxxxxxxx
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GE AMERICAN COMMUNICATIONS, INC.
By: /s/ Xxxxxx X. Xxxxxxxx
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X.X. Xxxxxxxx
Vice President, Cable Services
