Amendment to Section 4.1. Section 4.1 of the Omnibus Agreement is amended to add a new subsection (d), as follows:
Amendment to Section 4.1. Section 4.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 4.1. Section 4.1 of the Agreement is hereby amended and restated to read as follows:
Amendment to Section 4.1. Section 4.1 of the Deed of Trust is hereby deleted and replaced, in its entirety, with the following:
Amendment to Section 4.1. Section 4.1 shall be amended and restated in its entirety to read as follows:
Amendment to Section 4.1. Section 4.1 of the LLC Agreement is hereby amended by added the following introductory phrase prior to paragraph (a) thereof (to apply to paragraphs (a) and (b) thereof): “Subject to the rights of the holders of Class C Units set forth in Sections 1 and 2 of Exhibit C attached hereto and the rights of holders of any other class of series of Units hereafter created and issued by the Manager,”
Amendment to Section 4.1. Section 4.1 of the Original Asset Transfer Agreement is hereby replaced in its entirety with the following:
Amendment to Section 4.1. Section 4.1 of the Agreement is hereby deleted in its entirety and replaced with the following: “Declaration of Dividends. Upon receipt of a written notice from the President, any Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer or Chief Financial Officer of Customer declaring the payment of a dividend, Transfer Agent shall disburse such dividend payments provided that in advance of such payment, Customer furnishes Transfer Agent with sufficient funds. The payment of such funds to Transfer Agent for the purpose of being available for the payment of dividend checks from time to time is not intended by Customer to confer any rights in such funds on Fund Shareholders whether in trust or in contract or otherwise.”
Amendment to Section 4.1. The second paragraph of Section 4.1 of the Loan Agreement is hereby deleted in its entirety and replaced with the following: The Company has represented that the Loan will permit the Company to secure nineteen (19) not at-risk full-time jobs at the Project Site, and create an estimated twelve (12) new full-time jobs and employment opportunities at the Project Site by December 31, 2015. If the Company fails, for reasons other than Market Conditions, to retain and create an aggregate of at least twenty-five (25) such jobs and employment opportunities, the interest rate on the outstanding balance of the Loan shall, at the option of the Director, increase to ten percent (10%) per annum.
Amendment to Section 4.1. Section 4.1 of the Security Agreement is hereby amended as of the Effective Date as follows:
