Amended Provision. As of the date of the last signature of this Amendment by the Parties, the Parties hereby agree to modify the Main Agreement by adding a subsection 3.5 immediately following subsection 3.4 of the Main Agreement, which shall read as follows: “IDT represents and warrants the Commercial Products delivered under this Agreement shall have a shelf-life of [**] (i.e., an “expiration date”) from the date where they are delivered to Sophia. Sophia shall be entitled to reject Products that do not comply with this provision, and IDT shall replace any such rejected Product promptly with compliant Products.”
Amended Provision. The term “Term Note” and all reference thereto, as used throughout this instrument, shall mean this instrument as originally executed, or if later amended or supplemented, than as so amended or supplemented, and any successor instrument issued pursuant to Section 2.1 hereof, as it may be amended or supplemented.
Amended Provision. The following provision shall be added to the Agreement, by interlineation:
Amended Provision. Section 3(c) (i) of the Lease is hereby amended to read as follows:
Amended Provision. Section 2.4(a)(iii) of the Credit Agreement is hereby deleted in its entirety and the following is substituted in its stead:
Amended Provision. The parties hereby agree to the following amended provision to the Agreement: The following provisions shall replace the respective provisions in the Agreement, by interlineation, as follows:
Amended Provision. Company and Employee agree that, effective as of December 31, 2013 (the “Allowance End-date”), the second paragraph of Section 6 of the Employment Agreement, as added by Amendment No. 1, is deleted in its entirely, and the Company shall have no further payment obligation under such paragraph with respect to the rental allowance, gross-amount amount or commuting expenses.
Amended Provision. Section 2.2 of the Credit Agreement is hereby amended to read in its entirety as follows: “Anything to the contrary in this Agreement notwithstanding, it is understood and agreed that the Lenders, from and after the Second Amendment Date, are under no further obligation to fund any Advance or issue any Letters of Credit or otherwise extend credit under this Agreement or under any of the other Loan Documents; provided, however, any Advance, any Letter of Credit or other extensions of credit which hereafter may be made available to Borrower shall be in the Lenders’ sole and absolute discretion until further notice, and any additional Advance, Letter of Credit or other extensions of credit by the Lenders shall be made, if at all, on a case-by-case basis without waiving, ceasing or curing any Default or Event of Default. Nothing contained herein shall be deemed to be a commitment on the part of the Lenders to make available to Borrower any such financing under this Agreement, and the Lenders shall be under no obligation to do so. It is expressly understood that the Lenders’ honoring of a future Advance or issuing any Letter of Credit or other credit extension request shall not (a) operate as a waiver, cessation or cure of any Default or Event of Default or any right or remedy of the Lenders under this Agreement or the other Loan Documents, or (b) be deemed to establish a course of conduct so as to justify an expectation by Borrower that the Lenders will make Advances, issue Letters of Credit or otherwise extend credit in the future.”
Amended Provision. Section P of Exhibit E is hereby deleted and replaced with the following: “Notwithstanding anything to the contrary elsewhere in the Lease, but subject to the following and other terms of this Lease, Landlord shall permit Tenant access to an existing waste stack and an existing source of water so as to allow disposal of sanitary waste from and the supply of water to fixtures commonly found in an office environment such as sinks, dishwashers, coffee makers, bubblers, and the like that Tenant may wish to construct as part of the Alterations. Tenant shall be wholly responsible for installing, maintaining and servicing the associated waste and supply lines not now existing that are located within or without the Leased Premises and for obtaining all necessary permits and approvals for such use, installation, maintenance and repair. All such work shall be done at such times as may be reasonably convenient for Landlord’s supervisor and so as to minimize interference with other tenants, and shall require prior written approval by the Landlord, which approval shall not be unreasonably withheld, conditioned or delayed Tenant shall indemnify Landlord for any and all losses damages and claims, including costs of defense and reasonable attorneys’ fees, arising from such water or waste lines, whether from water damage, odors, insects or otherwise, except if caused by Landlord or Landlord’s agent.”
Amended Provision. The first sentence of Section 2(c)(4) of the agreement is hereby deleted and replaced in its entirety with the following: Holders shall be entitled to have a total of two Demand Registrations effected on Form S-1 (including any successor form, “Form S-1”) and an unlimited number of Demand Registrations on Form S-3 (including any successor form, “Form S-3”) at any time when the Company is eligible to use such form.
