Amendment of Exhibit E. The Credit Agreement is amended by amending Exhibit E thereto to read in its entirety in the form of Exhibit E attached to this Amendment.
Amendment of Exhibit E. Exhibit E of the Credit Agreement is hereby amended by deleting it in its entirety (including all attachments thereto) and replacing it with the Form of Compliance Certificate substantially in the form of Exhibit F attached hereto, with such changes as the Administrative Agent may approve.
Amendment of Exhibit E. Exhibit E to the Credit Agreement is replaced in its entirety by the EXHIBIT E attached hereto.
Amendment of Exhibit E. (a). Section 1 of Exhibit E to the Agreement is hereby deleted in its entirety, and replaced by the following:
Amendment of Exhibit E. Exhibit E to the Credit Agreement, Form of Compliance Certificate, is hereby amended as follows:
Amendment of Exhibit E. Effective on the Amendment Effective Date, Exhibit E of the Master Agreement is hereby amended and restated in its entirety as set forth in Attachment A hereunder, which amended and restated Exhibit E sets forth new charges per TN Porting Event under “Rate Card No. 3” and an “Effective Rate” under “Rate Card No. 4”, and calculations thereof, which new charges per TN Porting Event and Effective Rates and calculations thereof are subject to Section 8.3 and Section 8.4 below, applicable to the provision of Service in the Service Area. Customer and Contractor hereby agree and acknowledge that the monthly Aggregate Porting Charge calculated for the Service Area under Rate Card No. 4, as set forth in Schedule 1 under Exhibit E to the Master Agreement, is derived from an Effective Rate based on annualized TN Porting Event volumes, and applies only with respect to each calendar month in which the Service Area’s monthly Aggregate Porting Charge is calculated, and in no event shall a different TN Porting Event charge or Effective Rate be applied, including, without limitation, on account that the actual cumulative TN Porting Events for an entire calendar year differs from any “Annualized Volume” in any one calendar month, as derived under Attachment 1 to Exhibit E under the Master Agreement. Amendment No. 57 (NE) September 21, 2006 SOW: þ No oYes 8.2 Rescission of Article 33 and Article 34 Effective on the Amendment Effective Date, Article 33 of the Master Agreement, which article concerns certain credit payments, originally introduced by Amendment No. 43, as may have been amended, is hereby rescinded and shall have no further force or effect. Effective on January 1, 2007 (i.e., upon the expiration of Rate Card No. 2, as provided and defined in Schedule 1 of Exhibit E under the Master Agreement), Article 34, which article concerns certain annual volume-dependent TN Porting Price reductions, of the Master Agreement, originally introduced by Amendment No. 43, as may have been amended, is hereby rescinded and shall have no further force or effect.
Amendment of Exhibit E. The section entitled "Warranty Earnout" contained in Exhibit E is hereby amended by appending, at the end of such section, the following sentence: "Repair costs (including materials, labor and overhead), freight and amortization of swap pool costs accrued with respect to any warranty claims arising pursuant to that certain Agreement dated September 1, 2000 between Hewlett-Packard Company and the Company will not be included in the actual warranty cost for purposes of determining the amount payable under the Warranty Earnout."
Amendment of Exhibit E. The Seller's Disclosure Schedule attached to the Agreement as Exhibit E is deleted and replaced with the contents of Annex D to this Amendment.
Amendment of Exhibit E. Exhibit E annexed to the Credit Agreement is deleted in its entirety and Exhibit E annexed to this Amendment shall be deemed substituted in place thereof.
Amendment of Exhibit E. Exhibit E (Registration Rights Agreement), of the Stock Purchase Agreement will be replaced in its entirety with the Amended Exhibit E attached hereto.
