Amended. Section 2.02 of the Mortgage is hereby amended by adding the following new paragraph to the Form of Note contained in such Section: "Anything in this Note, the Mortgage or elsewhere to the contrary notwithstanding, Seagull shall not be personally liable for the payment of the principal of, premium (if any) or interest on this Note, it being expressly understood and agreed that the sole recourse of the holder of this Note for the payment hereof shall be against the Mortgaged Property and that no recourse (whether under rule of law, statute or constitution or by the enforcement of any assessment or penalty or otherwise) shall be had against Seagull or any other Person for the payment of the principal of, premium (if any) or interest on this Note or for any claim based hereon or otherwise in respect hereof; provided, however, that nothing in this paragraph shall (i) affect the validity of the indebtedness evidenced by this Note or the rights of any holder of this Note to proceed against the Mortgaged Property in accordance with the Mortgage, (ii) constitute a waiver of any indebtedness or obligation evidenced by this Note (but the same shall continue until paid or discharged), (iii) limit or otherwise prejudice in any way the right of any holder of this Note to name Seagull or any owner, holder or transferee of any interest in the Mortgaged Property as a party defendant in any action or suit for judicial foreclosure of, or in the exercise of any other remedy available to such holder with respect to, the Mortgaged Property so long as no judgment in the nature of a deficiency or seeking personally liability shall be asked of or (if obtained) enforced against Seagull."
Amended. This Warrant may not be amended except in a writing signed by each Holder and the Company. WaveRider Communications Inc. By:___________________________ D. Xxxxx Xxxxxxxx President Date:________________________________ Attest: ------------------------------- Secretary Holder: Gruntal & Co., L.L.C. PURCHASE FORM Dated:_______________ The undersigned hereby irrevocably elects to exercise the Warrant to the extent of purchasing _______ shares of Common Stock and ________ Common Stock Purchase Warrants and hereby makes payment of $________ in payment of the actual exercise price thereof. INSTRUCTIONS FOR REGISTRATION OF SECURITIES Name ________________________________________________________________ Address ______________________________________________________________ Signature _____________________________________________________________ ASSIGNMENT FORM FOR VALUE RECEIVED, --------------------------------------------------------------- hereby sells, assigns and transfers unto Name __________________________________________________________ (please typewrite or print in block letters) Address: ________________________________________________________ the right to purchase ________ shares of Common Stock and ________ Common Stock Purchase Warrants as represented by this Warrant to the extent of ______ shares of Common Stock and ______ Common Stock Purchase Warrants as to which such right is exercisable and does hereby irrevocably constitute and appoint, _________________________, attorney, to transfer the same on the books of the Company with full power of substitution in the premises. Signature _________________________________________________________ Dated: _________________ Exhibit 12(c)(1) [Xxxxx, Xxxx & Xxxxx LLP Letterhead] November __, 2001 Gruntal & Co., L.L.C. 0 Xxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: This opinion letter is furnished pursuant to Section 12(c)(1) of the Solicitation Agent Agreement, dated October __, 2001 (the "Agreement"), among WaveRider Communications Inc., a Nevada corporation (the "Company"), and you, as solicitation agent (the "Solicitation Agent"), in connection with the commencement of the offering to stockholders of the Company of the Units. Capitalized terms used but not defined herein shall have the respective meanings attributed to them in the Agreement. We have acted as counsel to the Company in connection with the preparation and filing with the Securities and Exchange Commission under the Securities Act...
Amended. The first paragraph of Section 9.4(b) is hereby amended to read in its entirety as follows:
Amended. In the event a licensee, sublicensee, or customer of either party shall require a second source or alternative supplier of Cap Material other than ASLS, and an alternate supplier of Cap Materials is licensed by either party under this Agreement, that alternate supplier shall supply Cap Materials for other than Permitted Products only to customers licensed by Parlex but shall not supply Cap Material for other than Permitted Products to others nor license others to supply Cap Materials for other than Permitted Products.
Amended. The Borrower shall execute and deliver to the Agent amended and restated revolving credit notes (the "Amended Notes") for each Bank reflecting the Borrower's name change to Dover Motorsports, Inc. The Agent shall deliver the Amended Notes to each Bank in exchange for the existing Notes of such Bank which shall thereafter, and together with the Swing Line Note, be returned by the Agent to the Borrower for cancellation.
Amended. If, at a meeting at which an Elected Board Member¹s term of office expires as provided for in Article 18.1, there are no other candidates to fill the post the retiring Elected Board Member shall, if willing to act, be deemed to have been re-appointed until the next annual general meeting unless a resolution not to reappoint the Elected Board Member is passed by the meeting.