Amendment of Paragraph 4 a. Paragraph 4(a) of the Lease is hereby amended to read as follows:
Amendment of Paragraph 4. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows:
Amendment of Paragraph 4. The last sentence of Paragraph 4(a) of the Lease Form is hereby deleted. The following language is hereby added at the end of Paragraph 4 of the Lease Form to read as follows: Notwithstanding anything to the contrary in the Lease, in no event shall Tenant have any obligation to perform or to pay directly, or to reimburse Landlord for, all or any portion of the following repairs, maintenance, improvements, replacements, premiums, claims, losses, fees, charges, costs and expenses (collectively "Costs") :
Amendment of Paragraph 4. The following language is hereby added to as Paragraph 4(d) of the Lease:
Amendment of Paragraph 4. Paragraph 4 of the Supplementary Agreement is hereby deleted in its entirety; provided that M&A's current representatives on the Company's Board of Directors shall be permitted to serve the remainder of their terms.
Amendment of Paragraph 4. A new subparagraph 4.(g) is added as follows:
Amendment of Paragraph 4. C.i of the License Agreement. The first sentence of Paragraph 4.C.i shall be deleted in its entirety and the following shall be inserted in lieu thereof: "PF shall pay to the University one and one half million ($1,500,000) US dollars upon the later of the occurrence of the First Financing or April 30, 2007." Further, in each instance in which the date "October 31, 2006" appears in Paragraph 4.C.i., as provided pursuant to the Second Amendment, such date shall be deleted and "April 30, 2007" shall be inserted in lieu thereof.
Amendment of Paragraph 4. Paragraph 4 of the Warrant is deleted in its entirety and replaced with the following:
Amendment of Paragraph 4. Paragraph 4 of the Agreement is amended to clarify that no person, other than NBC, shall have any interest in the Deferred Compensation until distributed as provided in the Agreement, as amended. To the extent that any person acquires a right to receive payments from NBC under the provisions hereof after expiration of all contingencies, such right shall be no greater than the right of any unsecured general creditor of NBC.
Amendment of Paragraph 4. The first sentence only of Paragraph 4 of the Exchange Agreement shall be amended to read as follows: The sole contingency regarding the transactions described herein is LDM's ability to arrange financing reasonably satisfactory to LDM for the Four Million Dollars ($4,000,000) to be deposited by LDM to an account in favor of Industrial Machining, or paid by check delivered to Polsxxxx, xx Closing.
