Amendment to Section 2.04. Section 2.04 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.04. Section 2.04 is hereby amended by replacing each reference to “Lender”, “Lender’s”, “Lenders’” and “Lenders” therein that is not preceded by the word “Issuing” with a reference to “Revolving Lender”, “Revolving Lender’s”, “Revolving Lenders’” and “Revolving Lenders”, respectively.
Amendment to Section 2.04. (a) Clause (a) of Section 2.04 of the Note Purchase Agreement shall be amended to delete the text of clause (a) in its entirety and to replace such text with “March 29, 2002 (the “Commitment Termination Date”).”
Amendment to Section 2.04. Section 2.04 of the Financing Agreement, Interest, is hereby amended by adding the following new clause (c) and renumbering the remaining clauses in such section accordingly:
Amendment to Section 2.04. Section 2.04(a) of the Credit Agreement is hereby amended by replacing the text “$5,000,000” with the text “$0”.
Amendment to Section 2.04. Section 2.04 of the Financing Agreement is hereby amended by adding the following new clauses (h) and (i) at the end thereof:
Amendment to Section 2.04. Section 2.04 of the Stock Purchase Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 2.04. Section 2.04 of the Credit Agreement is hereby amended by deleting “[Intentionally Omitted.]” and inserting in lieu thereof the following new Section 2.04:
Amendment to Section 2.04. The parties hereby agree that Section 2.04 of the Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.04. Section 20.4 of the Lease is hereby amended to include the following language at the end of such Section: "The CC&Rs will also provide that the owner (the "Hotel Owner") of the Hotel Property (as defined in the Expansion Option Agreement) will have the one-time right (the "Cross-Parking Option") to require cross-parking on the Parking Property for at least 50 parking stalls, but not more than 100 parking stalls, during the hours of 5:30 p.m. through 8:30 a.m., daily (the "Permitted Parking Hours"); subject to the minimum and maximum number previously stated, the actual number of parking stalls on the Parking Property that will be available under the Cross-Parking Option will be calculated as the difference between (i) the number of hotel rooms included in the building to be constructed on the Hotel Property and (ii) the maximum number of buildable parking stalls provided for on the Hotel Property. To exercise the Cross-Parking Option, at the time the Hotel Owner receives a temporary certificate of occupancy for the building to be constructed on the Hotel Property, the Hotel Owner may, in accordance with the notice provisions of the CC&Rs, deliver written notice (the "Cross-Parking Notice") to each of the owner of the Parking Property, the owner of the Property and, so long as Tenant is the tenant of the Property, to Tenant, which Cross-Parking Notice shall specify the number of parking stalls required by the Hotel Owner, subject to the limits set forth herein. At the time the Hotel Owner delivers the Cross-Parking Notice, the Hotel Owner shall pay a one-time fee (the "Cross-Parking Fee") in the amount of $2,925.00 per parking stall required by the Hotel Owner. So long as Tenant is the tenant of the Property and is not in default under this Lease (beyond any applicable notice and cure period), the Cross-Parking Fee will be paid to Tenant; otherwise, the Cross-Parking Fee will be paid to the owner of the Property. The CC&Rs shall further provide that neither the Hotel Owner nor the owner of the Property, nor Tenant will enforce the Permitted Parking Hours against the other parties without first providing thirty (30) days' prior written notice to such other parties of its intent to begin enforcement and that, once enforcement begins, no towing will occur without prior written warning to such other parties. No vehicle shall be towed (a) unless it receives two (2) notices within a five (5) day period or (b) if the vehicle user is attending meetings at Tenant wh...
