FIRST SUPPLEMENTAL INDENTURE
Exhibit 3.1
FIRST
SUPPLEMENTAL INDENTURE
THIS
FIRST SUPPLEMENTAL INDENTURE (this “First
Supplement”) is effective as of the 17th day of February
2021, by and between Lighthouse Life Capital, LLC, a Delaware
limited liability company (the “Issuer”),
and UMB Bank, N.A., a national banking association (the
“Trustee”).
RECITALS
A. The Issuer and the
Trustee entered into that certain Indenture dated as of February 3,
2021 (the “Original
Indenture”) pursuant to which the Trustee agreed to
serve as trustee under the Original Indenture, as more particularly
described in the Original Indenture for the consideration specified
therein.
B. The Issuer and
Trustee desire to amend the Original Indenture as set forth herein.
Capitalized terms used but not defined herein shall have the
meaning ascribed to them in the Original Indenture.
AGREEMENT
NOW,
THEREFORE, in consideration of the promises and mutual agreements
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. The recitals and
introductory paragraphs hereof form a part of this First Supplement
as if fully set forth herein.
2. Section 1.01. The Original
Indenture is hereby revised by deleting the definitions of
“Interest Accrual Period” and “Record Date”
in their entirety and replacing them with the
following:
“Interest
Accrual Period” means the period beginning on the first day
of the calendar month immediately preceding the Interest Payment
Date and ending on the last day of the calendar month immediately
preceding the Interest Payment Date.
“Record
Date” means with respect to an Interest Payment Date, the
last day of each calendar month immediately preceding the Interest
Payment Date, whether or not such date is a Business
Day.
3. Exhibit A. The Original
Indenture is hereby revised by deleting the Form of Class A Bond,
attached to the Original Indenture as Exhibit A, in its entirety
and replacing it with Exhibit A attached to this
First Supplement.
4. Exhibit B. The Original
Indenture is hereby revised by deleting the Form of Class B Bond,
attached to the Original Indenture as Exhibit B, in its entirety
and replacing it with Exhibit B attached to this
First Supplement.
IN
WITNESS WHEREOF, the parties hereto have entered into this First
Supplement as of the 17th day of February
2021.
Issuer:
a
Delaware limited liability company
By:
LHL Strategies,
Inc.
Its:
Manager
By:
/s/ Xxxxxxx
Xxxxxxxx
Name:
Xxxxxxx Xxxxxxxx
Its:
Chief Executive Officer
Trustee:
UMB
BANK, N.A.,
a
national banking association
By:
/s/ Xxxx X.
Xxxxxxx
Name:
Xxxx X.
Xxxxxxx
Its:
Vice
President
[Signature Page to First Supplemental Indenture]
Exhibit A
Form of Class A Bond
Exhibit B
Form of Class B Bond
