Amendment of Article 9. Paragraph 2 of Article 9 (Associated Enterprises) of the Agreement is deleted and replaced by the following paragraph:
Amendment of Article 9. Article 9 of the Credit Agreement is hereby amended by adding the following Section 9.14 to the end of such Article 9:
Amendment of Article 9. Section 9.2 of Article 9 of the Operating Agreement is hereby amended to delete Subsection 9.2.9 in its entirety.
Amendment of Article 9. The second paragraph of Article 9 (Associated Enterprises) of this Agreement is deleted and replaced by the following paragraph: “Where a Contracting State includes in the profits of an enterprise of that Contracting State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall if necessary consult each other.”.
Amendment of Article 9. Article 9 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment of Article 9. Article 9 of the Loan Agreement is amended by deleting Section 9.1 and inserting the following in its place:
Amendment of Article 9. Article 9 of the Agreement is hereby superseded and deleted in its entirety and replaced with the following new Article 9:
Amendment of Article 9. Article 9 is hereby deleted in its entirety.
Amendment of Article 9. This Article 9 shall not be amended without the prior written consent of Declarant so long as the Declarant or the Cliffs Valley North Declarant owns any property described in Exhibits "A" or "B."
