Amendment of Securities Purchase Agreement. Effective as of the receipt of consideration pursuant to Section 2 of this Agreement, the Securities Purchase Agreement shall be amended to remove Section 4(l) in its entirety, and such section shall be of no further force or effect. The COMPANY and the Rights Holder hereby acknowledge and agree that this Agreement meets all of the requirements for amendment of the Securities Purchase Agreement provided in Section 8(e) thereof.
Amendment of Securities Purchase Agreement. The Purchasers, the Placement Agent, the Officers and the Company hereby agree that, effective upon closing under the Additional Securities Purchase Agreement and the execution of the Joinder Agreement by the Company and Leaf Mountain, the Securities Purchase Agreement shall be amended such that (a) the term "Additional Purchaser" wherever used therein refers to Leaf Mountain Company, LLC, an Illinois limited liability company, and (b) Schedule 2.3 thereto shall be restated in the form attached hereto as "Restated Schedule 2.3."
Amendment of Securities Purchase Agreement. Section 1.1 of the Securities Purchase Agreement is hereby amended by adding the following clause (i):
Amendment of Securities Purchase Agreement. 1.1 The following recital is added as the second recital of the Securities Purchase Agreement:
Amendment of Securities Purchase Agreement. The Company shall have caused the Securities Purchase Agreement, made and entered into as of August 28, 2001, among the Company and the investors signatory thereto, to be amended such that the term "Strategic Transaction" shall mean "a transaction or relationship in which the Company issues shares of Common Stock or Common Stock Equivalents to a Person which is, itself or through its subsidiaries, an operating company in a business synergistic with the business of the Company and in which the Company receives material benefits in addition to the investment of or lending of funds, but shall not include a transaction in which the Company is issuing securities primarily for the purpose of raising capital or to a Person whose primary business is investing in securities."
Amendment of Securities Purchase Agreement. Notwithstanding anything to the contrary contained in the Securities Purchase Agreement, Longview and Alpha, as the holders of all of the Series 1 Notes and the Series 2 Note, hereby agree that the Securities Purchase Agreement shall be amended to clarify that the Company shall have no further obligation under the Securities Purchase Agreement to register any Registrable Securities held by any party thereunder.
Amendment of Securities Purchase Agreement. 2.1. Definition of “Exempt Issuance”. The definition of “
Amendment of Securities Purchase Agreement. The Securities Purchase Agreement is hereby amended by deleting Section 5.02(a) and Section 5.02(b) thereof and the cross-references to such provisions therein and replacing each such deleted section with “[reserved].”
Amendment of Securities Purchase Agreement. The Securities Purchase Agreement is hereby deemed amended such that (a) the Company’s obligation and agreement to register the Securities and all references thereto, (b) the Purchasers’ registration rights and all references thereto, (c) all references to the Registration Rights Agreement and any obligation to execute, deliver and perform such agreement, and (d) any representations and warranties relating to such registration or to the Registration Rights Agreement are deleted in their entirety. Consistent with the foregoing, each Purchaser hereby waives its registration rights relating to the Securities under the Securities Purchase Agreement, the Registration Rights Agreement or otherwise.
Amendment of Securities Purchase Agreement. 3.1 As of the Effective Date, Section 4.13 of the Securities Purchase Agreement will be deemed amended and restated to read in its entirety as follows:
